Pursuant to the
provisions of Chapter 150E of the General Laws of Massachusetts, this contract
is made by the School Committee of the Town of Westport (hereinafter referred
to as the School Committee) and the Westport Federation of Teachers, Local
1906, American Federation of Teachers, Massachusetts, AFL-CIO (hereinafter
referred to as the Federation).

The collective
bargaining agreement dated September 1, 2015, through August 31, 2018 is hereby
extended through and including August 31, 2018.

ARTICLE I -
PRINCIPLES OF AGREEMENT

1. Recognizing that the prime purpose of the parties is to
provide education of the highest possible quality for the children of Westport,
and that good morale within the teaching staff of Westport is essential to the
achievement of that purpose, we, the undersigned parties to this contract,
declare that:

a. Under the law of Massachusetts, the Committee, elected
by the citizens of Westport, has final responsibility for establishing the
educational policies of the public schools of Westport;

b. The Superintendent of Schools of Westport (hereinafter
referred to as the Superintendent) has responsibility for carrying out the
policies so established;

c. The teaching staff of the public schools of Westport has
responsibility for providing in the classrooms of the schools, education of the
highest possible quality.

2. Fulfillment of these respective responsibilities can be
facilitated and supported by the consultations and free exchanges of views and
information between the Committee, the Superintendent, and the teaching staff
in the formulation and application of policies relating to wages, hours and
other conditions of employment for the teaching staff.

a. The negotiating team for the 2015-2018 contract has
sought to incorporate the following goals into the agreement:

1. Enhance and facilitate teaching and learning for
everyone in the school community.

2. Show regard for community attitudes and concerns about
our schools.

3. Show concern for the financial welfare of teachers and
for the financial welfare of the entire district.

4. Show concern for the physical and emotional well being
of all members of the school community.

5. Create and enhance processes for teachers to become
partners in school development.

6. Commit to continuing reform and reevaluation of the
Westport Community Schools.

7. Write and use contract language that is clear and easy
to read.

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ARTICLE II -
COMMITTEE RIGHTS AND RESPONSIBILITIES

The parties
recognize that the Committee is a public body established under and with powers
provided by the General Laws of the Commonwealth of Massachusetts and nothing
in this Agreement shall derogate from those powers and responsibilities. The
Committee retains those rights, powers, and duties it now has, may be granted,
or have conferred upon it by the General Laws of the Commonwealth. The parties
agree that, except as may be specifically relinquished, abridged, or limited by
a term of this Agreement, the Committee retains, whether exercised or not, all
such rights. Except when it can be clearly shown that action taken by the
Committee is in violation of a specific provision of this Agreement, the
Committee's action to manage the school system and direct the work forces shall
not be the subject of a grievance or arbitration proceeding hereunder. In
addition, the Committee shall have the sole rights, responsibilities and
prerogatives including, but not limited to the following:

To determine the
care, maintenance and operation of its equipment and property; To establish
policies, rules and regulations for the conduct of the Committee business and
to change them in accordance with Chapter 150E; To determine work assignments
and duties and to discontinue them; To determine the number and types of
employees; To determine the job content and standards of productivity and
performance for work and to evaluate performance; To hire, transfer, promote,
lay-off, terminate or otherwise discipline, reduce hours and/or work, and train
employees; To establish work schedules and hours of work; To maintain
discipline, order and efficiency; To determine the competency and
qualifications of teachers. All of these rights are subject to any specific
provisions of this agreement.

1. As sole collective bargaining agent, the Federation will
continue its policy of accepting into voluntary membership all eligible persons
in the unit without regard to race, color, creed, national origin, disability,
sexual orientation, gender, age, or marital status. The Federation will
represent equally all persons without regard to membership, participation in or
activities in any employee organization.

2. The Committee agrees to continue its policy of not
discriminating against any person on the basis of race, creed, color, national
origin, disability, sexual orientation, marital status or participation in, or
association with, the activities of any employee organization.

Nothing contained
herein shall be construed to prevent the Committee, a member of the Committee,
or its designated representatives, from meeting with any teacher for expression
of

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the teacher's
views. In the area of collective bargaining, no changes or modifications shall
be made except through consultation or negotiation with the Federation. Nothing
contained herein shall be construed to permit any organization other than the
Federation to appear in an official capacity in the processing of a grievance.

D. Dues Deductions

The Committee
agrees to deduct dues for the Westport Federation of Teachers from the salaries
of its employees and to transmit the monies to the Federation Treasurer.
Teacher authorization will be in writing in the form set forth below:

DUES
AUTHORIZATION CARD

NAME______________________________________________

ADDRESS___________________________________________

_____________________________________________________

Effective___________________________ , I hereby request and
authorize the Westport School Committee to deduct from my earnings an amount
sufficient to provide for regular payments of the membership dues in ten (10)
equal installments for the present year and for succeeding school years. This amount
shall be paid to the Treasurer of the Westport Federation of Teachers, Local
1906, AFT, MA, AFL-CIO. These deductions may be terminated at any time by me by
written notice or upon termination of my employment.

Dated______________________

Teacher's Signature______________________________

If the Federation
changes the rate of its membership dues, thirty (30) days written notice shall
be provided prior to the effective date of such change.

Deductions
referred to above will be made in ten (10) equal monthly installments 011 the
second pay day of each month during the school year.

No later than
September 30th of each year, the Committee will provide the Federation with a
list of the employees who have voluntarily authorized the Committee to deduct
dues.

The Federation
agrees that the Treasurer of Local 1906 shall be bonded as required by law.

E. Agency Service Fee

Section 1. Each employee
who elects not to join or maintain membership in the Union shall be required to
pay as a condition of employment, beginning thirty (30) days following the

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commencement of
her/his employment, or thirty (30) days following the ratification of this
agreement, an agency service fee to the Union in an amount that is equal to the
amount required to become and remain a member in good standing of the exclusive
bargaining agent. It is the obligation of the Union to notify the employer of a
violation of this provision. Upon request of the Union, the employer will
initiate disciplinary action up to and including termination of employment.

Section 2. This article
shall not become operative until this Agreement has been formally executed,
pursuant to a vote of a majority of all employees in that bargaining unit
present and voting.

Section 3. The employer
will notify and may call upon the Union to defend any suits, proceedings, or
actions arising out of the foregoing provisions of this article. If called upon
to do so, the Union will defend such suits, proceedings or actions without cost
to the employer.

Section 4. Disputes
between the parties concerning this Article shall be resolved in accordance
with the grievance procedure contained in this Agreement. In the event such a
dispute is submitted to arbitration, the arbitrator shall have no power or
authority to order the Employer to pay such agency service fee on behalf of any
employee. If the arbitrator decides that an employee has failed to pay or
authorize the payment of the agency service fee in accordance with this
Article, the only remedy shall be the termination of the employment of such
employee if the employee continues to refuse to pay or authorize payment of the
required agency service fee after having sufficient time to do so.

Section 5. It is
specifically agreed that the Employer assumes no obligation, financial or
otherwise, arising out of the provisions of this Article. The Employer agrees
to give notification to the Union upon the filing of any such suit, claim,
demand or action. The Union hereby agrees it will indemnify and hold the
Employer harmless from any claims, actions or proceedings by an employee
arising from termination of the employee hereunder.

F. No Federation Activity on School Time

Except as provided
herein, the Federation agrees that no teacher will engage in Federation
activity during the entire length of the school day. No material, equipment or
supplies belonging to the Town of Westport shall be used in any political
campaign or Union activity whatsoever.

G. Information

The Committee
shall make available to the Federation, upon its reasonable request, statistics
and public records relevant to negotiations, or necessary for the proper
enforcement of the terms of this Agreement.

H. Agreement Copies Available

The Federation and
the School Committee will each pay one-half (1/2) of the cost of printing the
Agreement and will distribute copies of the printed Agreement to all personnel
including newly employed teachers, administrators, and the School Committee.

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I. Existing Laws and Regulations

The rights and
benefits of persons provided herein are in addition to those provided by Town,
State and Federal law, rule or regulation.

J. Time Allowed for Federation Negotiations

1. The Principal shall recognize the Federation Building
Representative as the official representative of the Federation in the school.

2. The Principal shall meet with the Federation Building
Representative no more than once a month at a mutually agreed time after school
hours to discuss building problems and policies. Both parties shall submit
items for the agenda.

3. The discussion of other matters, as agreed upon for
discussion by the Principal and the School Federation Representative, is not
precluded by the above.

4. However, the Principal and the School Committee do not
have the authority to reach any decision which changes this Agreement or any
established School Committee policy or procedure.

5. A committee of Federation representatives, not to exceed
more than three (3) members, shall meet after school hours once a month with
the Superintendent of Schools during the school year. Both parties may submit
items for the agenda.

K. Certification List

Each year the
school department shall furnish the Federation with a list of its best
information as to current certifications held by each employee.

ARTICLE IV - RECOGNITION
JURISDICTION, DEFINITION

A. Federation Recognition

1. The Westport School Committee recognizes the Westport
Federation of Teachers, local 1906, American Federation of Teachers,
Massachusetts, AFL-CIO, as the exclusive bargaining representative for all
employees in Unit A of the Westport School Department whose duties are
primarily those of a classroom teacher.

2. Guidance counselors, school psychologists, part time
teachers, school adjustment counselors, library-media specialists, long-term
substitutes (who teach more than 20 consecutive days), school nurses, and Title
I teachers shall be included in the recognition clause.

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B. Definition

The term
"school" as used in this Agreement, refers to any work location or
functional division or group to which any member of the bargaining unit is
assigned.

The term
"Committee" as used in this Agreement, refers to the Westport School
Committee and the school administrative organization.

The term
"Principal" as used in this Agreement, refers to the administrative
head of the school.

The term
"teacher" as used in this Agreement, means a person employed by the
Committee in the bargaining unit as defined in Article I-A above.

The term
"Federation Building Representative" as used in this Agreement, shall
mean a teacher in a school designated by the Federation as its agent. There
shall be two such representatives in each school.

The term
"parties" as used in this Agreement, means the Westport Federation of
Teachers, Local 1906, American Federation of Teachers, AFL-CIO, and the Westport
School Committee.

Whenever the
singular is used in this Agreement, it is to include the plural as appropriate.

The above
definitions shall not refer to Federal projects which are not a part of the
regularly scheduled daily curriculum of the school system.

C. Professional Consultations

In recognition of
the professional standing of teachers and the fact that teachers' ideas and
opinions, systematically and periodically collated and expressed, are of
significant value in improving the quality of education in, as well as the
efficient and economical operation of, the Westport School System; and in
recognition of the Federation's knowledge of the ideas and opinions of the
teachers, the parties agree that a Professional Consultation procedure should
be established to be operative during the term of this Agreement.

This procedure is
not intended to replace the grievance or arbitration procedures set forth
herein or to make any matter a mandatory subject of discussion at any time
other than at consultations that would not be a mandatory subject of discussion
in the absence of the provisions of this Section.

Consultation
sessions will be scheduled with the Committee once every two months upon
written request of the Federation. They will be the primary item on the agenda
for that evening and up to two hours will be reserved for that section of the
agenda. The subject matters may include any item of concern or interest to the
Federation. Two weeks prior to the date scheduled for the consultation, the
Federation will submit a written agenda of subjects about which it desires to
consult at the meeting with the Superintendent of Schools. The consultation
will be confined to the subjects on that agenda. In order to expedite the
procedure, a preliminary meeting will be held between representatives of the
Federation (normally not to

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exceed 3 in
number) and the Superintendent and/or his/her designee to review the agenda
items. If a satisfactory understanding is reached with respect to certain
items, the content (or withdrawal) of these will be reported to the Committee
by the Superintendent on the date set for the consultation meeting.

ARTICLE V-GRIEVANCE PROCEDURES AND ARBITRATION

A. Definitions

A grievance is
defined as a complaint by an employee or the Federation which is based upon an
alleged violation of the interpretation or application of the provisions of
this Agreement.

A grievance shall
not be any matter regulated by Federal or State Law, nor any matter which the
School Committee does not have complete and final authority to implement or
abide by a decision under the final and binding arbitration.

The time limits in
this article may be extended by mutual agreement. Grievances may be initiated
at the level at which the violation of the Agreement occurred.

B. Adjustment of
Grievances

Level 1.

a. A teacher, who is involved with, or subject to the alleged
grievance, or a federation representative, must present the subject matter of
the grievance in writing to the principal within (10) working days of an act or
condition which is the basis of his/her or its complaint. The failure to
provide notice within ten (10) working days shall preclude said complaint and
foreclose any right under the grievance procedure.

b. The Principal shall convey his/her decision in writing to
the aggrieved teacher, or, if the Federation represents him/her, to the
Federation representative within ten (10) working days after the meeting on the
complaint.

Level 2.

a. If the grievance is not resolved at Level 1, the
Federation alone shall have the right to appeal from the decision of Level 1 to
the Superintendent of Schools within ten (10) working days after the decision
of the Principal has been delivered. The appeal shall be in writing, shall set
forth specifically the reasons for the appeal, and shall be accompanied by a
copy of the appeal and the decision at Level 1.

b. The Superintendent of Schools shall meet with a
representative of the Federation with a view to arriving at a mutually
satisfactory resolution of the complaint. The aggrieved employee and the
appropriate Federation representative shall be given at least two (2) working
days notice of the conference and an opportunity to be heard.

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c. Notice of the conference shall also be given to the
Principal of the school. The Principal of the school may be present at the
conference and state his/her views.

d. The Superintendent shall communicate his/her decision in
writing, together with the supporting reasons, to the aggrieved employee and to
the Federation representative who participated at this level within ten (10)
working days.

e. The Principal of the school shall also receive a copy of
any decision at this Level from the Superintendent.

Level 3.

a. Level III shall not apply to disciplinary matters.

b. The Federation alone shall have the right of appeal to
the School Committee within ten (10) working days after the decision of the
Superintendent of Schools has been delivered. The appeal shall be in writing,
shall set forth specifically the reasons for the appeal, and shall be accompanied
by a copy of the appeal and the decision at Level 2.

c. The School Committee shall meet with the aggrieved
employee and the appropriate Federation representative. Both the teacher and
the Federation representative shall be given at least two (2) working days'
notice of the conference and an opportunity to be heard.

d. Notice of the conference shall also be given to the
Superintendent and Principal who may be present at the conference and state
their views.

e. The School Committee shall communicate its decision in
writing, together with the supporting reasons, to the Federation representative
who participated at this level within ten (10) working days after the hearing
between the parties.

f. The Superintendent and the Principal shall also
receive a copy of any decision at this level.

Except during the months of July and August, grievances
will be heard by the School Committee within fourteen (14) days.

Level 4.

A
grievance dispute which was not resolved at the level of the School Committee
under the Grievance Procedure may be submitted by the Federation to
arbitration. The proceeding may be initiated by filing with the School
Committee and the American Arbitration Association a request for arbitration.
The notice shall be filed within ten (10) working days after receipt of the
decision of the School Committee, under the Grievance Procedure. The voluntary
labor arbitration rules of the American Arbitration Association shall apply to
the proceeding.

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The
arbitrator shall issue his/her written decision not later than thirty (30)
calendar days from the date of the close of the hearings. The decision of the
arbitrator shall be accepted as final by the Parties to the dispute and both
will abide by it.

The
School Committee agrees that it will apply to all substantially similar
situations the decisions of the arbitrator sustaining a grievance, and the
Federation agrees that it will not represent any teacher in any grievance which
is substantially similar to a grievance denied by the decision of the
arbitrator. The arbitrator's fee will be shared equally by the parties to the
dispute.

A
teacher who misses school as a result of a required attendance at a grievance
hearing, an arbitration hearing, an administrative hearing before a state board
or a court hearing shall not lose any pay provided such attendance is required
by the Committee or the Town of Westport, or the teacher's attendance as a
witness is required by the Commonwealth in a juvenile or criminal proceeding,
arising out of an assault or similar incident in the course of the teacher's
employment. Other absences for such hearings shall be at the teacher's own
expense.

The
Committee and the Federation shall use their best efforts to schedule such
hearings after school. If despite such efforts an arbitration is scheduled
during school time, one union representative and the grievant may attend
without loss of pay provided the Federation reimburses the Committee for the
pay of two substitute teachers at the established per diem rate.

ARTICLE VI-FRINGE
BENEFITS

A. Health
Benefits

The
Committee shall provide at least fifty percent (50%) of the health benefit
coverage payments until the Town of Westport votes in favor of an increase.

B. Life Insurance

The
Committee shall provide fifty percent (50%) of the cost of a $4,000 life
insurance policy. (Note: The present fifty percent (50%) of the cost of the
above plan (B) Life Insurance shall continue in effect until the Town of
Westport votes in favor of an increase.)

C. Pension

All
employees covered by this Agreement shall be members of the Massachusetts
Teachers Retirement plan. Eligibility for said Pension is determined by the
Massachusetts Teachers Retirement System standards.

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D. Worker's
Compensation

1. The Committee agrees to provide coverage for the
teachers in the bargaining unit under the terms of the Massachusetts Worker's
Compensation Act, General Laws of the Commonwealth, Chapter 152.

2. Employees who are receiving Workers' Compensation pay
may supplement that amount up to their regular week's pay. Deductions will be
made from the employee's sick leave until those benefits are exhausted. After
that, there will be no supplemental pay beyond what is received as Workers'
Compensation pay.

3. The staff member's per diem rate shall be calculated by
dividing their yearly salary by 183 days.

4. The difference of workman's compensation for a biweekly
period shall be subtracted from the member's standard biweekly gross pay. This
amount will be the amount of supplemental pay to be deducted from sick time.

5. The amount of supplemental pay will be divided by the
member's per diem rate to calculate the amount of sick time (rounded to the
nearest 1/4 day) needed to supplement each workman's compensation pay.

6. As workman's compensation does not account for the
number of 'work days' in each pay period, all supplemental pay will be
calculated in this manner. Therefore, sick time will be used regardless of
holidays, vacations, or any other non-work days within the pay period.

E. Tax-Free
Annuity

Teachers shall be
allowed to take advantage of the federal law concerning tax-free annuities, and
may make payments for said purpose by payroll deductions.

ARTICLE VII-WORKING CONDITIONS

A. Teaching Load,
Teaching Programs

1. Teachers may express to the principal through email
and/or written letter their preference of grade level, subject, department, and
assignment. Whenever possible, organizational assignments shall be presented to
teachers by June 1, of each school year. When circumstances warrant a program
change during the summer months, the teacher or teachers involved shall be
informed by letter and email at the teacher's address, listed with the
Superintendent. (Note: Does not apply to Nurses).

2. High school and Middle school teachers will not be
required to teach more than three (3) different subjects except in those cases
where substantial difficulty is experienced in distributing teaching
assignments. (Note: Does not apply to Nurses).

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3. Academic subject area teachers at the High School will
not be assigned more than six (6) class periods per day exclusive of lunch,
homeroom, activity, and preparation period. (Note: Does not apply to Nurses).

a. This provision shall be re-negotiated at the request of
either party to the Agreement if a new type of scheduling is adopted.

4. The Administration will schedule classroom teachers with
a preparation period forty (40) consecutive minutes per day.

Every
effort will be made to obtain substitute teachers. In the event such effort
fails to provide a substitute, teachers who volunteer to serve as substitutes
during their preparation period shall be paid fifteen (15) dollars for each
class covered.

Teachers
may have their names added to or removed from the list of volunteers at any
time.

5. Assignment of teachers to supervisory duties during the
school day shall be done fairly and equitably. (Note: Does not apply to
Nurses).

6. Student-Teacher Ratio:

In
seeking a quality education for all students, the School Committee and the
Federation recognize that class size is an important factor. Whenever possible,
the School Committee and Federation will develop strategies to align
student-teacher ratios with best practice, research, and knowledge.

7. Nothing in this section shall prohibit principals from
rearranging teaching assignments to accommodate for short term building
emergencies, student field trips, special projects, and/or assemblies.

8. Any time a teacher is transferred to another building,
the school district will assist in the move.

B. Extra-Curricular
Activity

Teacher
participation in extra-curricular activities will be voluntary.

C. Parents and
Community

Parent-Teacher
Meetings - We are committed to improving parent-teacher relationships. All
teachers shall be required to attend three (3) parent-teacher evenings per year
for conferences, open house meetings, or some other type of program based on
input from the school community. In addition to the required evenings, all
teachers shall be required to attend one (1) parent-teacher meeting in the
afternoon. The times for the afternoon parent-teacher meetings shall be

1. Teacher files shall be maintained under the following
circumstances:

a. No material derogatory to a teacher's conduct, service,
character, or personality shall be placed in the teacher's files by the
administrator unless the teacher is sent a dated copy at the same time.

b. The teacher shall have the right to submit a response to
the statement. The teacher's answer shall also be included in the teacher's
files.

c. Upon request, a teacher shall be given access to his/her
file without delay.

d. Upon receipt of a written request, the teacher shall be
furnished a reproduction of any material in his/her file. The administration
may impose a ten cent charge per page for copying said material when the
reproductions requested consist of more than five pages of copy paper.

e. All derogatory material shall be placed in a teacher's
personnel file in the Superintendent's office within fifteen (15) calendar days
of any alleged infraction from the time it is known by an administrator
excepting Sundays, holidays and vacations. Positive correspondence shall be
placed in the teacher's file within the same time period.

2. Derogatory written statements or reports kept by
administrators at the school level are subject to the same provisions as
official teachers' files.

3. Official grievances filed by any teacher under the
grievance procedure as outlined in this Agreement shall not be placed in the
personnel file of any teacher; nor shall such grievance become a part of any
other file or record is utilized in the promotion process; nor shall it be used
in any recommendations for job placement.

E. Duty-Free
Lunch Period

Teachers shall be
provided with a duty-free lunch period of at least thirty (30) minutes.

F. Notices and
Announcements

1. A copy of the Policy Book shall be made available
through electronic means to all teachers.

2. All teachers' bulletins shall be posted on school
bulletin boards for the inspection of teachers.

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3. The Town Report, when available, shall be made available
through electronic means to all teachers.

4. A copy of current teaching programs, non-teaching assignments,
administration and preparation periods shall be available at each school.

G. Assistance in
Assault Cases

The teacher or
his/her representative shall make a detailed report to the principal within the
next working day after any assault or assault and battery.

Principals will
immediately report in writing to the Superintendent and School Committee all
cases of assault suffered by teachers in connection with their employment.

The Superintendent
and School Committee will comply with any request from the teacher for
information in their possession relating to the incident or the persons
involved and will act in appropriate ways as liaison between the teacher, the
police, and the courts.

The School
Committee agrees to indemnify all bargaining unit members consistent with the
provisions of Mass. Gen L. ch. 258.

H. Seniority

System-wide
seniority is defined as length of service in Unit A of the Westport School
Department, except as permanent substitute. Periods of service interrupted by a
break due to resignation, retirement, termination or work outside the unit
shall not be added together to determine system-wide seniority. Non-paid leaves
of absence and days worked as a per diem substitute or tutor will not be
counted towards seniority. Any district approved sabbatical will not be
considered a break in service.

The School
Department shall prepare a seniority list of all members of the bargaining unit
in the order of their seniority as defined in paragraph one above.

The Federation
shall be supplied with this list which shall be kept current.

I. Hiring of
Substitutes

1. Substitutes, when available, shall be hired to cover
classes of regularly assigned teachers when they are absent.

2. In order that adequate substitutes can be hired to fill
in for regularly assigned teachers, the following procedure for reporting an
absence shall be observed:

a. Teachers will enter any absence into Aseop, or other
recordkeeping system used at the time.

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b. In the case of unforeseen circumstances, teachers may be
required to call their building principal

J. Cooperating
Teachers

1. Acceptance of a teacher trainee shall be voluntary.

2. Advance notice of the assignment of a trainee shall be
provided.

3. Service as a teacher mentor shall be voluntary. Those
teachers who volunteer to serve as mentors shall be paid a stipend of three
hundred dollars ($300.00).

K. Length of
School Day and Year

1. Length of Pupil Day

a. The pupil day shall not exceed six and one half (61/2)
hours.

b. Delayed Starts - In unforeseen emergencies, the Superintendent
may schedule a delayed start between one to two hours at one or more of the
school buildings. In the event of delayed starts, teachers in affected building
shall not be scheduled for a preparation period. Delayed start daily schedules
shall be pre-approved by the building principal and building representatives.

2. Teachers' Schedules

a. The work day of members of the bargaining unit will
begin fifteen (15) minutes before the scheduled starting time for pupils and
will end fifteen (15) minutes after the scheduled dismissal time for pupils.

b. The School Committee retains the right to maintain
teachers on duty during exceptional periods of breakdown, bad weather, or other
emergencies.

c. Teachers' schedules will routinely coincide with the
students' day. Alternative daily schedules for certain personnel may be
implemented following consultation between the Superintendent and the President
of the federation upon vote of the School Committee.

3. Teachers' Work Year

The work year of teachers, other than new personnel who may
be required to attend additional orientation sessions, will begin no earlier
than the Monday before Labor Day and terminate no later than June 30. If the
student year exceeds 180 days pursuant to amended state law, any change in the
teachers' work year shall be subject to impact bargaining. Teachers will be
required to attend three (3) days more than students are required to be in
attendance by state law, for the purpose of teacher training programs and
school-based planning.

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4. Teachers' Work Year - (Note: Does not apply to Nurses).

Work Days Beyond the Student Year

All
work days will be scheduled for seven hours. The actual hours will be between
7:30 a.m. and 3:30 p.m. There will be a minimum thirty-minute lunch break.

The
orientation day will be scheduled to allow teachers to use the time to prepare
for the students' first class day and will not include teacher presentations to
parents or students.

5. All
teachers who receive Advanced Placement training shall be compensated at a rate
of $100.00/day subject to the following conditions: any Advanced Placement
training must be requested by the Superintendent and/or the School Committee
and the teacher must obtain the approval of the Superintendent in advance of
the Advanced Placement training.

L. Faculty
Meetings

1. Faculty meetings will be scheduled on the first Monday
of each month at all schools, whenever possible.

2. Faculty meetings will be scheduled on the same day for
all schools for no more than one hour, after the end of the teacher workday.

3. Attendance for teachers at faculty meetings will be
required.

M. Professional
Learning Community

Teachers shall
attend ten (10) one-hour PLC meetings (one per month) per school year. A
Professional Learning Community (PLC) is a group of educators that meets
regularly, shares expertise, and works collaboratively to improve teaching
skills and the academic performance of students. The District shall publish a
list of PLC options at the beginning of each school year and each educator shall
commit to one PLC Committee at that time for one school year.

N. School
Facilities

As determined by
the School Committee it may at its discretion in designing new buildings and
presently in existing buildings, the Committee will maintain and provide:

1. Parking facilities.

2. Storage space in each classroom.

3. A preparation room where teachers may have access to all
available materials and equipment necessary for the preparation of
instructional material.

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4. An appropriately furnished room to be used as a staff
lounge for teachers and professional staff only.

5. Well-lighted and clean teachers' rest rooms.

6. Mail box for each teacher.

7. A funded teachers' reference library.

8. Proper and sufficient athletic equipment.

9. Assigned space for testing purposes and teacher-parent
interviews.

10. Bulletin Boards for general building use.

11. Bulletin Boards for the exclusive use of the Federation
for purposes of posting material dealing with proper and legitimate Federation
business. (One per building).

Health and safety
issues should first be addressed at the building level. In addition, a Health
and Safety Committee will be established to meet with the Principal or
Superintendent on a quarterly basis (or as needed) to review and problem solve
health and safety issues. Two Federation representatives from each school will
serve on this committee.

P. Damage or
Loss of Property

Any teacher
bringing property of a personal nature into school which can be used as an
effective teaching aid, must first register such property for approval in the
school office if any reimbursement is to be made to such teacher due to his/her
non-negligent loss or damage. However, such reimbursement shall be made solely
in the discretion of the School Committee.

A teacher shall
report in writing any loss, damage or destruction to the principal immediately
upon becoming aware of such loss, damage or destruction.

Q. Curriculum
Development

1. The attendance of teachers shall be required on release
time without additional compensation at curriculum meetings and team or
grade-level meetings up to a maximum of fifteen (15) hours per school year.

2. The Superintendent may request teachers to assist in
curriculum development during the evening or during summer vacation, in which
case the teacher will be paid the sum of $30.00 per hour.

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3. An agenda of each meeting shall be sent to each teacher
forty-eight (48) hours in advance of the meeting.

R. Teacher
Assistants

1. The parties agree that a teacher's time and energy are
to be devoted and apportioned, to the fullest extent possible, to duties
connected with teaching.

1. In the event that a teacher is to be disciplined,
reprimanded, reduced in rank or compensation, deprived of any professional
advantages, separated or discharged, such employee shall be given the reasons
in writing prior to carrying out such actions.

2. A teacher has a right to be represented by the
Federation in any meeting with any member of the administration when he/she
believes the subject of the meeting may result in disciplinary action.

3. Just Cause for Discipline

No teacher with professional status will be disciplined
or dismissed without just cause. "Just cause" shall mean those
standards set forth in M.G.L. C71, S42 and in reviewing dismissal and/or
suspension, the arbitrator shall consider the best interests of the students in
the district and the need for elevation of performance standards.

The employee must select either the grievance procedure
or statutory arbitration as the exclusive remedy within the appropriate time
limits.

T. Reduction in
Force

1. If the teaching staff is to be reduced, retirements,
resignations and leaves of absence in effect will be considered prior to other
methods of staff reduction.

2. In the event it should become necessary to discharge
employees covered by this contract because of a decrease in pupil enrollment,
revision of curriculum offerings or limited funding, the following criteria
will be considered in an equal manner by the Superintendent.

a.
Certification: appropriate to grade level and subject area

b. Evaluations: relative to the subject area and grade level
limited to the last three evaluations

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c. Subject area and/or grade level experience: as defined by
the Bureau of Certification; one year of credit given for every two years
outside the system or for prior Westport service.

d. Professional development: will include, but is not limited
to:

Professional
reading/study, verified by paper or other means;

Professional
memberships and associations;

Conferences,
workshops, courses, seminars;

Publications;

Degrees;

Involvement
in committee projects and activities;

Involvement
in curriculum development and reform;

Consulting
and teaching other educators,

Peer
coaching and mentoring; and,

Active
involvement in Federation activities and affairs

All Professional Development activities must be kept
current in personnel folder and all materials submitted may be reviewed by the
Superintendent and the Executive Board.

e. Seniority: The Superintendent shall give equal weight to
all of the above criteria, and shall not act in an arbitrary or capricious
manner in his/her recommendations on such terminations.

3. If a teacher is laid off without fault on his or her
part due to a reduction in force, and if said teacher, within two years after
said layoff is appointed by the Superintendent, at his/her sole discretion, to
a full time classroom teaching position for a consecutive period of not less
than one year (as defined in III J.3), then upon said appointment said teacher
shall have restored to him or her all seniority and other benefits held at the
time the lay-off became effective. Preference in filling vacancies will be
given to teachers with prior experience teaching in the Westport School System
based on their seniority at the time of lay-off, provided that the criteria
other than seniority set forth in Article III, Section R, paragraph 1 are not
clearly inferior to those of other applicants.

U. Needs of
Special Students

Teachers shall be
aware of the needs of special students as provided for under Chapter No. 766 of
the General Laws of the Commonwealth.

V. Part-time
Teaching

In the discretion
of the Superintendent, the Superintendent may agree to a teacher's request for
a position as a part-time teacher. Said appointment shall be for such salary
and upon such terms and conditions as the Superintendent, Federation and the
teacher involved may agree. Such appointments may be used as an alternative to
family or maternity or sabbatical leaves to retain

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the
services of a professional status teacher, and/or to meet the particular
educational needs of the school department.

If the School
Committee determines to create other part-time positions, the Superintendent
will meet with the President of the Federation prior to posting to negotiate
the compensation and working conditions in accordance with current practice.

Currently employed
personnel will not be reduced to a part-time status except as specified above.

The Superintendent
may employ at the Westport Sr. High School per semester/subject teachers and
compensate them as set forth in Appendix E of this contract. The work year for
per semester/subject teachers will be ninety (90) consecutive school days
within one semester and one teacher-parent night if scheduled during that
semester. Per semester/subject teachers will be subject to the following work
conditions: they will perform no additional duties, they will not be required
to attend faculty meetings, they will not be required to work additional time
beyond the teaching period, they will receive two (2) days leave per semester,
they will receive one (1) classroom observation and one (1) summary statement
as their evaluation and, they will not be required to attend any training days.

W. Keeping Parents
Informed

The parties
recognize the importance of keeping parents informed of student progress as on
aid in the total development of the student. Teachers shall progress monitor
(including but not limited to, homework, quizzes, test, final grade, reading
level, standard, behavior comments, etc.) and post information to School Brains
or its equivalent at the following intervals: for progress reports, for report
cards, and for at least one time midway between each progress report and report
card. The District shall provide adequate training to bargaining unit members.
Teachers are encouraged to post grades more frequently than the minimum grade
posting as stated above.

ARTICLE VIII-TRANSFERS AND VACANCIES

A. Transfers

Although the
Committee and the Federation recognize that some transfers of teachers from one
school to another, or from one grade to another are unavoidable, they also
recognize that frequent transfer of teachers is disruptive of the educational
process and interferes with optimum teacher performance and pupil learning.

Therefore, they
agree as follows:

1. When a change in the number of teachers in a school is
necessary, volunteers will be considered first.

2. When voluntary transfers are necessary, teacher
placement will be based on a teacher's area of licensure, competence, and
seniority.

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3. Involuntary transfers will not be made unless the teacher
is notified as to the reasons for the transfer. The Superintendent may make
transfers, if he/she deems it necessary to do so in the best interest of the
school system. Teachers who have previously been involuntarily transferred will
not be considered unless all other options have been exhausted.

4. A list of open positions in other schools will be made
available to all teachers being transferred, and all other factors being
substantially equal, preference will be given in filling such positions on the
basis of seniority in the Westport School system and the teacher's competence.

5. Notice of transfer shall be given to teachers no later
than June 30th. This date may be altered via mutual agreement with the
Federation and/or under life-altering circumstances.

6. The superintendent shall communicate vacancies so that
teachers desiring transfers may apply in their order of preference, to their
building principal and/or the superintendent.

B. Vacancies

1. When vacancies occur in new or existing positions, notice
of such vacancies shall be posted within three (3) working days after
Superintendent approval on the appropriate bulletin board by the Principal of
the school and sent through email. The date of posting will appear on the
notice.

The
Committee/Superintendent agrees to implement the following practices for
posting vacancies:

Any
permanent vacancy, such as a vacancy created by resignation, death, or
retirement, will be posted within ten (10) calendar days of the
Superintendent's receipt of either the written notification by the teacher that
s/he is vacating the position or of a notice of death. Notice of such vacancy
shall be posted for a period of not less than seven (7) calendar days, and in
any event shall be posted for all periods of time during which the employer
advertises such vacancy, and may continue to be posted for however long the
employer desires beyond the previously listed time periods. This notice shall
be posted in-house for a seven (7) day period before being advertised outside
the bargaining unit.

A
permanent vacancy which occurs during the school year may be filled with a long
term substitute teacher until the conclusion of that school year but for no
longer. If the position continues to exist into the subsequent school year, it
shall be re-posted and filled on a permanent basis.

The
decision to fill a vacancy is at the discretion of the Employer. A vacancy may
be posted only or posted/advertised.

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Definitions:

a. A posting is a notice of vacancy published in all
schools and at the central office and is intended to come to the attention of a
limited audience, specifically, the current members of the bargaining unit, and
shall conform to the specification set forth in Article 8, B., 2.

b. An advertisement is a vacancy notice published in
newspapers, college placement offices, other school departments, etc. which is
intended to come to the attention of a broad field of potential applicants.
During the months of July and August, written notice of all such vacancies
shall be sent to the Federation Secretary, and written notice of vacancies of a
promotional nature shall be sent to all teachers in the same mailing as their
summer pay checks.

2. Qualifications, requirements, duties, salary and other
pertinent information shall be set forth.

3. Applications will be received from the personnel who
believe themselves qualified by reason of experience, training, capacity and
general ability to execute proficiently all the demands of the position.

4. As to positions within the bargaining unit, where factors
specified in items 2 and 3 above are the same among a number of candidates,
seniority in the Westport School Department should be given consideration.

5. Such applications shall be in writing and shall set
forth the basis on which the applicant solicits consideration. Reasonable time
shall be allowed for such submission of bids. A month is suggested.

6. Appointments will be made without regard to race, creed,
color, religion, nationality, sex or marital status.

7. The above provisions do not prohibit the filling of
vacancies from outside the school system.

ARTICLE IX LEAVES
OF ABSENCE

A. Sabbatical
Leave - (Note: Does not apply to Nurses).

1. Sabbatical leave to be defined as leave granted by the
school committee for purposes of specialized study, involving financial
considerations and/or benefits to the grantees, in exchange for a guarantee to
return to the Westport Community Schools.

2. Staff members granted a Sabbatical Leave will have a
grant of an amount equivalent to their Blue Cross-Blue Shield, Town Life
Insurance and Teachers' Retirement, paid by the

21

Town, as consideration and as an inducement to return to the
school system and give Westport youth the benefit of their increased knowledge
and education.

3. The grantee's
tenure, regular salary increment and general status will not be impaired
because of having been granted a Sabbatical Leave.

4. In general,
Sabbatical leaves shall be granted only to members of the instructional staff
who have served for seven (7) years or longer in the Westport Community
Schools. The School Committee reserves the right to make exception to this, if
it deems the best interest of the school system will be served by so doing.
(Example: School Committee desiring that a teacher keeps up to date on new subject
matter in a specialized field.) The number of leaves to be granted shall be
determined each year by the School Committee.

5. Applications
from eligible applicants must be submitted prior to December 15th for leave
beginning the following September.

6. Each
application must include a proposed plan of study, travel, or research, a
statement of the applicant's professional purpose and the expected value to the
Westport Community Schools.

7. In granting
leaves of absence the School Committee will take into consideration the
recommendations of the Superintendent and the educational value to the Westport
Community Schools of the proposed project. The decision of the Superintendent
and the School Committee shall be binding.

A
leave of absence without pay for up to two years will be granted to any teacher
who joins the Peace Corps or serves as an exchange teacher, and is a full-time
participant in either of such programs. Upon return from such leave, a teacher
will be considered as if he were actively employed by the Committee during the
leave and will be placed on the salary schedule at the level he would have
achieved if he had not been absent.

C. Military Leave

Military
leave of absence, without pay, may be granted to a permanent teacher inducted
into the armed forces for the required length of service, according to the
terms of the Selective Services and Training Act of 1940, and subsequent
amendments by Congress.

1. Upon
completion of such obligation, the teacher shall be reinstated to the position
which he/she left, providing the position that he/she left still exists. If the
position that

22

he/she left does not exist, the teacher shall be placed in as
nearly a comparable position as is feasible.

2. The teachers'
contract shall be in effect under the same conditions as if the teacher had
been in the continuous service of the Westport Community Schools provided the
teacher has been honorably discharged.

D. Short Term Military Leave

Every
person who is a member of a reserve component of the Armed Forces of the United
States shall be granted, in accordance with Section 59 of Chapter 33 of the
General Laws, leave of absence, without loss of pay, during the time of his/her
annual tour of duty as a member of such reserve component; provided, however,
that such leave shall not exceed seventeen (17) days. The difference in salary
shall be paid only after evidence has been offered that such duty cannot be fulfilled
during a vacation period.

E. Visiting Days - (Note: Does not apply to Nurses).

With
the approval of the Superintendent, each teacher in the Westport Community
Schools may be allowed, without loss of pay, at least one day per year for
visiting other classes within or outside the town, or for educational
conferences or conventions. A report of such visit should be available if
requested.

F. Maternity and Parental Leaves

MATERNITY - GENERAL PROVISIONS

1. A non-paid
leave of absence shall be granted for maternity purposes to female teachers on
the terms and conditions set forth in this Article.

2. A teacher who
is on an approved leave of absence, during which period of time she bears a
child, shall be deemed to be on a maternity leave under the terms of either
Option A or B, as provided herein.

3. Payment for
disability due to pregnancy, childbirth, or recovery therefrom shall be in the
same manner as payment for any other illness or injury. Teachers who have sick
leave days available and who desire to receive disability pay pursuant to this
Article shall comply with the customary procedures for notification of
disability and notification of the termination thereof.

4. In order for
entitlement to sick leave benefits to apply for certified disability for
childbirth and recovery therefrom in connection with additional siblings, the
teacher will have to return to full-time active service and be granted an
additional maternity leave under the provisions of this Article.

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5. It is
understood that sick leave benefits for disability due to childbirth and
recovery therefrom will not be allowed for an employee who is on any other kind
of approved, extended, non-paid leave of absence.

6. Teachers will
not be entitled to sick leave benefits for any other illnesses incurred while
on maternity leave, except as provided in this Article.

7. All benefits
to which the teacher was entitled at the time her leave of absence commenced,
including any unused accumulated sick leave, shall, except as is otherwise provided
herein, be restored to her upon her return. Upon her return, she shall be
advanced to the next step on the salary schedule provided she has taught at
least 50 percent of the days during the year in which her maternity leave
commenced.

8. Employment shall
be terminated for any teacher who fails to provide any of the required notices
in this Article.

9. Employment
shall be terminated for any teacher who fails to return to work at the
expiration of the leave.

10. Teachers shall
complete a form requesting this leave.

NOTIFICATIONS:

1. As soon as
the teacher determines she is pregnant, she shall notify the Superintendent
through the building principal, in writing, of her pregnancy. This notice will
facilitate the planning for a replacement teacher.

2. The teacher
shall also notify the Superintendent through the building principal, in
writing, which of the two options (A or B, below) for maternity leave she is
requesting.

Option A: Under this option (the 8 week leave, M.G.L.. C.
149, sec. 105D), she shall notify the Superintendent through the building
principal, at least two (2) weeks prior to the anticipated starting date of
this leave. This notice shall specify the anticipated date of departure and the
teacher's intention to return. With the exception of the treatment of
"seniority benefits" this is the leave as is provided in M.G.L. C.
149, sec. 105D or twelve (12) weeks under the provisions of the Family Medical
Leave Act ("FMLA").

Option B: Under this option (up to one [(1)] year leave), she
shall notify the Superintendent, through the building principal, at least
thirty (30) days (except in cases of emergency) prior to the anticipated
starting date of this leave. The notice shall select a beginning date for the
leave from the period of time of thirty (30) days to one hundred eighty (180)
days prior to the probable (expected) date of giving birth and shall specify
the length of the leave. The teacher on said leave shall further notify the
Superintendent through the building principal, in writing, of her intent to
return by April 15 or three months after the date of giving birth, whichever
date is later.

1. In order to
be eligible for this leave, the female employee shall have been employed for
three consecutive months as a full-time teacher.

2. The leave is
without pay, but with entitlement to certified disability (sick leave) pay for
child birth and recovery therefrom.

3. Provided the
teacher has met all of the requirements, she shall be restored to her original
position or similar position with the same status, pay, and length of service
credit wherever applicable, as of the date of her leave.

4. Seniority
shall accrue during this leave.

OPTION B:

1. This is an
extended leave of absence without pay, but with entitlement to disability (sick
leave) pay for certified disability for childbirth and recovery therefrom
during the period of this leave.

2. The duration
of the leave shall be for a period of up to one (1) year from the date of its
commencement.

3. At the
conclusion of the leave, the teacher shall be reinstated as soon as a vacancy
for which she is qualified occurs.

4. Upon
reinstatement, the teacher will be placed on the salary schedule at the step
she held at the time the leave commenced. However, she shall be advanced one
(1) step if she had taught 50 percent of the school days or more in the school
year in which the leave commenced.

5. Teachers will
accrue seniority for only 8 weeks during this leave. No further seniority will
accrue during the balance of time spent on leave.

6. Additional
leave may be granted (extended) for up to an additional academic year by the Superintendent
upon written request by the teacher and upon the recommendation of the
Superintendent.

7. The decision
of whether or not to grant a subsequent request for this leave will be
discretionary with the Superintendent if the teacher has served less than one
academic year after returning from a previous leave under this option.

25

Medical Verification:

The Superintendent, in his/her discretion, may require an
employee to provide verification of disability in the form of a physician's
certificate. If, after receiving a physician's certificate from a teacher, the
Superintendent determines that he/she requires additional information or
documentation from the teacher's doctor concerning the teacher's disability in
order to decide whether to grant the leave, the teacher shall provide the
Superintendent with any additional information.

Teachers who have exhausted their own sick leave benefits may
apply to the sick leave bank, but only in extraordinary circumstances.

PARENTAL LEAVES

ELIGIBILITY

1. A parental
leave, as provided herein, is available to WFT members, male or female,
coincidental to the time s/he becomes an adoptive parent, or coincidental to
the time of the birth of the fathers' natural child. If both parents are
members of the bargaining unit, they will be entitled collectively to a total
of 8 weeks.

2. The leave is
for the purpose of caring for that adopted or natural born child.

GENERAL PROVISIONS

1. A non-paid
leave of absence shall be granted to male or female teachers on the terms and
conditions set forth in this Article.

2. This leave
shall be without pay and without entitlement to any benefits, except that
seniority shall accrue during the leave, but such accrual shall not exceed 8
weeks.

3. All benefits
to which the teacher was entitled at the time his/her leave of absence
commenced, including any unused accumulated sick leave, shall, except as is
otherwise provided herein, be restored to him/her upon his/her return. Upon
return, the teacher shall be advanced to the next step on the salary schedule
provided s/he has taught at least 50 percent of the days during the year in
which his/her parental leave commenced.

4. Employment
shall be terminated for any teacher who fails to provide any of the required
notices in this Article.

5. Employment
shall be terminated for any teacher who fails to return to work at the
expiration of the leave.

6. Teachers
shall complete a form to request this leave.

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NOTIFICATIONS:

1. Teachers who
intend to take a parental leave shall give the Superintendent, through the
building principal, as much advance notice as possible in order to facilitate
the planning for a replacement teacher, with a minimum of two weeks required.
(It should be noted under normal adoption agency policies this two week notice
may not be possible, so therefore, the prospective parent should inform the
Superintendent when s/he has been informed that s/he is on a short waiting
list.)

2. The teacher
shall also notify the Superintendent, in writing, which of the two options (A
or B, below) for parental leave s/he is requesting.

3. The notices
shall specify all of the information that is required for the maternity leaves.

PROVISIONS PERTAINING TO PARENTAL
LEAVES:

OPTION A:

1. Any
"eligible" teacher (see "ELIGIBILITY", above), who has
provided the proper notices and who has been employed as a teacher for three
(3) consecutive months shall be granted a parental leave of absence not
exceeding eight (8) weeks upon two (2) weeks written notice to the
Superintendent through the building principal.

2. Provided the
teacher has met all of the requirements, s/he shall be restored to his/her
original position or similar position with the same status, pay, and length of
service credit wherever applicable, as of the date of the leave.

3. Seniority
shall accrue during this leave.

OPTION B:

1. This is an
extended leave of absence without pay.

2. The duration
of the leave shall be for a period of up to one (1) year from the date of its
commencement.

3. At the
conclusion of the leave, the teacher shall be reinstated as soon as a vacancy
for which s/he is qualified occurs.

4. Upon reinstatement,
the teacher will be placed on the salary schedule at the step s/he held at the
time the leave commenced. However, s/he shall be advanced one (1) step if s/he
had taught 50 percent of the school days or more in the school year in which
the leave commenced.

5. Teachers will
accrue seniority for only eight (8) weeks during this leave. No further
seniority will accrue during the balance of time spent on leave.

27

6. Additional
leave may be granted (extended) for up to an additional academic year by the
School Committee upon written request by the teacher and upon the
recommendation of the Superintendent.

7. The decision
of whether or not to grant a subsequent request for this leave will be
discretionary with the School Committee if the teacher has served less than one
academic year after returning from a previous leave under this option.

FEDERAL OR STATE LAW

Nothing in this Article shall be construed as limiting the
teacher's rights under Federal and/or State Law and/or regulations.

G. Teacher Protection

A
teacher who is absent because of personal injury arising out of and in the
course of employment as the result of assault and battery, shall be credited
with leave. This leave shall be granted only if the assault and battery renders
the teacher physically and/or emotionally unable to perform his/her duties.
This leave will not be charged as personal days or sick leave.

The
School Committee will reimburse teachers for the reasonable cost (not to exceed
$100) of any clothing or personal property damaged or destroyed as a result of
an assault suffered by a teacher while acting in the discharge of his/her
duties.

H. Sick Leave and Temporary Leave of Absence

The
Federation and Committee agree that consistent attendance of teachers is
essential to providing education of the highest possible quality to the
students. Misuse of leave benefits is contrary to this principle.

1. Sick Leave

Employees will accrue a total of fifteen (15) school days of
absence, per school year for personal illness and family emergency. Any absence
due to illness on the day prior to or following vacations shall be documented
and placed in the teacher's personnel folder. Such leave shall accumulate at
the rate of 1.5 days per month over a period of ten (10) months beginning in
September and ending in June of each school year. Teachers in their first month
of employment in the school district shall be fronted their first three (3)
sick days representing the one and one-half (1 1/2) sick days per month that
they would normally accrue for their first two months of employment.
Thereafter, they shall accrue sick days at the rate of one and one-half (1 1/2
) days per month as set forth above in this paragraph. Such leave not used in
the year of service for which it is granted shall be accumulated up to a total
of two hundred (200) days.

Information on the accumulated sick leave shall be sent to
each teacher at the beginning of each school year. Teachers with professional
teacher status who have no accumulated sick leave at the beginning of a school
year due to an extended personal illness in the

28

preceding school year, shall be advanced the sick leave which
would otherwise accumulate during the months of September through December (6
days) in said year; provided that said teacher requests the Committee for such
advance of sick leave in writing on or before September 15 in said year. In no
event shall the total sick leave advanced and accumulate in any one year exceed
the fifteen day limit set forth in paragraph 1.

2. Perfect Attendance
Bonus

For the purpose of early retirement, teachers who have
reached the maximum sick leave accumulation and who achieve perfect attendance
in any year in which they are at the maximum will accumulate an additional five
days for every year in which they have both perfect attendance and maximum
accumulated sick leave.

3. Family Leave

Upon written request at least 48 hours in advance, a teacher
may, at the discretion of the Superintendent, utilize one day per year for
family leave (using immediate family definition including life partner living
in household) for graduations, births, religious observances, visits to
children's school for conferences, said day to be deducted from sick leave and
not subject to before/after school vacation restriction. The Superintendent
must have reasonable grounds for denial of a request. In case of unforeseen
circumstance the 48 hour written request shall be waived.

4. Family
Medical

Not more than five (5) of said fifteen (15) sick days per
year shall be allowed for any one family medical issue. Request for family
medical leave will be documented and a copy of leave requests will be kept in
the teacher's personnel folder. If the Superintendent has reason to suspect
sick leave abuse, any employee absent for more than four (4) consecutive days
for personal illness, or more than fifteen (15) days in any school year for
personal illness may be required by the Superintendent or his/her designee to
provide appropriate medical evidence of his /her personal illness as a condition
of receiving benefits under this Section G.

Family medical illness shall be defined as follows:

a. A medical
illness or injury to an immediate family member of the teacher that requires a
teacher to attend to the immediate family member's medical or nursing care, and
which cannot be performed outside of the regular workday. This shall be deemed
to include transporting an immediate family member to and from the hospital.
Immediate family member shall be defined in Article IX, H(8)(a)(j).

b. A serious or
critical illness to an immediate family member for whose care the teacher is
solely responsible.

29

The Superintendent in his/her sole discretion may extend the
family medical illness provision beyond five days.

5. Sick Bank

a. The Sick Bank shall
be administered by a sick bank committee consisting of two (2) members from the
Federation, the Superintendent or his/her designee, and one other
administrator. Each teacher may assign only one day of his/her accumulated sick
leave to the Bank per year. In the event the Bank should become exhausted, a
teacher may put in one additional day. A teacher may not withdraw more than 30
days per year from the Bank. In case of extraordinary illness and on
recommendation of the Sick Bank Committee, up to an additional 30 days may be
allotted.

b. Teachers
applying for early retirement bonus will not be eligible during that year to
receive days from the sick bank except that the Superintendent may, in his/her
sole discretion, which decision shall not be subject to the parties' grievance
and arbitration procedure, allow individual teachers to apply to the sick bank
on a case-by-case basis.

c. Doctor's
certificates will be required by the Sick Bank Committee. Such information may
be reviewed by the Superintendent upon written request to the Federation
president.

d. First year
teachers are eligible to participate.

6. Bereavement Leave

a. Days not
charged to Personal and/or Sick Leave:

i. A teacher
shall be allowed up to four (4) weekdays for a death in the immediate family
during any school year. This allowance is not cumulative. It is not charged to
sick leave. Immediate family means: life partner, children, father, mother,
mother-in-law, father-in-law, sister, brother, grandparents, grandchild, or any
other member of the same household.

b. Days charged
to personal and/or sick leave:

In the event of the death of a significant other, either one
(1) day of sick leave or one (1) day of personal leave time may be used.

7. Personal Leave

a. Teachers shall
be entitled to two (2) personal days per school year to allow for personal
business, emergencies, and other personal matters that cannot be scheduled
outside the school day.

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b. Personal days
will not be approved on the first or last day of the school year. However,
collectively, teachers at the Jr./Sr. High School shall be entitled to take up
to six (6) personal days preceding or following holidays or vacations.
Collectively, teachers at the Elementary School shall be entitled to take up to
four (4) personal days preceding or following holidays or vacations.
Collectively, teachers at the Macomber Primary School shall be entitled to take
up to four (4) personal days preceding or following holidays or vacations.
Under extenuating circumstances the Superintendent may waive the restriction
pertaining to the first or last school day, or may allow additional days beyond
those listed above, however, the Superintendent's decision shall not be subject
to the parties' grievance and arbitration procedure.

c. Unused personal
days may be accumulated from year to year, said amount not to exceed three (3)
days. In the event that an employee accumulates a third personal day in one
year, the employee must use the third personal day during the next school year.

I. Other Leaves

1. A member of
the bargaining unit shall be granted a leave of absence without pay to serve as
an elected official in public office for a period of two (2) years.

2. Leaves of
absence may be extended by the School Committee.

3. Upon two
weeks notice, members of the bargaining unit shall have the right of up to five
(5) consecutive school days of unpaid personal leave biennially to be scheduled
so as not to create a special hardship on the Westport Community Schools. The
Superintendent may in his/her discretion approve short term leave on occasion
of unforeseen circumstances. No leave under this section may be used to extend
a school vacation. Leave under this section shall not be unreasonably denied.

J. Reinstatement
Following Leave

All
benefits to which a teacher was entitled at the time his/her leave of absence
commenced, including unused accumulated sick leave, will be restored to him
upon his/her return and he will be assigned to the same position which he held
at the time said leave commenced, if available, or, if not, to a substantially
equivalent position. His/her assignment will be subject to the best interest of
the Westport School System.

In
the event no position is vacant at the time a teacher returns from a leave,
authorized by this Article, said teacher shall be allowed to compete with other
teachers, then employed, for the available positions in this school department,
based on the criteria set forth in Article III, Section R.

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The
provisions of this section shall not apply to those teachers who return from
leave in the middle of an academic year but shall apply to said teachers at the
beginning of the next academic year.

K. All Leaves

The
Federation acknowledges that the Federation and the Committee are subject to
the provisions of the FMLA. The FMLA shall not increase or decrease the length
of leave available to eligible employees under this Agreement. Where an
employee takes leave under one of the aforementioned Articles for a reason
which would entitle an employee to leave under the FMLA, such leave will also
be considered FMLA leave and will be deducted from the employee's statutory
FMLA leave entitlement. FMLA leave is not cumulative and is not in addition to
leaves currently available to the extent such leaves are for reasons covered by
the FMLA.

L. Jewish Holidays

Upon
forty-eight (48) hours' written notice to the Superintendent of Schools, the
Superintendent will grant a request for a leave of absence with pay to
bargaining unit members of the Jewish faith who request time off to observe
Rosh Hashanah and Yom Kippur. No more than one (1) day each shall be granted to
observe Rosh Hashanah and Yom Kippur.

ARTICLE X - SALARY
AND RATES OF PAY

A. Basic
Salary Schedule for the 2015-2018 Contract Years

The
salaries and differentials of the members of bargaining Unit A are set forth in
Appendices A,B,and C which are attached to and made a part of this Agreement.

B. Course Credit

1. Courses taken
for advancement on the salary schedule must be approved in advance by the Superintendent
of Schools. Upon the completion of a course, all teachers shall submit proof of
their final grade to the Superintendent's office documenting their successful
completion of the course. Upon receipt of a formal grade transcript from the
institution evidencing completion of the course and the grade received, a
teacher's lane change shall be retroactive to the date that the teacher first
submitted documentation of their successful completion of the course.

2. Annually, the
Committee shall earmark twenty five thousand dollars ($25,000.00) of budgeted
Professional Development funds for the purpose of tuition reimbursement. This
amount shall not increase the cost of Professional Development to the
Committee, but rather shall respresent a reapportionment of expenditures.
Effective September 1, 2015, bargaining unit members shall be eligible fo an
annual grant of up to two thousand dollars ($2,000.00) for the purpose of
reimbursement of tuition and fees for approved courses. Eligibility for the
annual grant shall be on a first come, first serve basis.

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All courses must be approved in advance by the
Superintendent. Bargaining unit members seeking reimbursement must, prior to
the commencement of a course, notify the Superintendent's office in writing, on
a form which will be provided, that they wish reimbursement for a particular
course. An estimated cost is required when requesting reimbursement.

Evidence of satisfactory completion of the course must be
presented to the Superintendent in order to receive reimbursement. Bargaining
unit members must received a grade of at least a B-or better in a graded
course or a P in a pass/fail course. Bargaining unit members may apply for
reimbursement for summer course work. Reimbursement forms, including such evidence,
must be submitted withinsixty (60) days of receipt by the bargaining unit
member of his/her grade. Reimbursement will be made within sixty (60) days of
receipt of the above referenced information. Bargaining unit members who apply
for and for whom sufficient funds are not available, shall be considered first
in the following year. All bargaining unit members who wish to take a spring
semester course must make application, including to the Superintendent's
office, by no later than December 31.

In the event that funds allocated for reimbursement for
tuition and fees are not fully expended, bargaining unit members may be
reimbursed for additional courses up to an amount equal to their annual grant.
In order to be eligible for additional reimbursemtn, a bargaining unit member
must submit to the central office a completed course approval request form by
May 31 and receive approval from the Superintendent. Furthermove, there must be
sufficient funds available from the $25,000.00 budgeted by the Committee for
tuition and fees. In the event tha the $25,000.00 reimbursement cap has not
been exceeded, the remaining funds will be divided up to the amount of the
annual grant, by the members who have been approved by the Superintendent. In
the event that funds allocated for reimbursement are not fully expended or
encumbered by May 31 of a given school year, the remaining funds shah revert
back to the School Committee for expenditure for general education purposes.
(Note: Section 2 Does not apply to Nurses).

NURSES: The language in the nurses' contract reimbursing
nurses $250.00 for 15 CEUs and $500.00 for 30 CEUs shall be carried over and
shall be the sole course reimbursement benefits available to nurses.

The cost of all licenses and tests related to nurses' jobs shall
be reimbursed by the school district.

3. Professional
Development Credits

The Union accepts the School Committee's policy GCBA dated
July 20, 2011, regarding professional development credits:

Under the Education Reform Act, teachers are required to
renew their license every five (5) years to maintain their license status in
good standing through participation in PDP's. DESE regulations will determine
the number and type of PDP's that will be required of a

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staff member to retain their license. Staff members are
responsible to fulfill this requirement needed to maintain their license. PDP's
can be accumulated either through formal graduate level course work or other
professional development activities as pre-approved by the superintendent or
designee.

The School Committee believes that those teachers who exceed
the requirement deserve recognition for the additional expertise they gain from
coursework and extended workshops that significantly increase their teaching
skills or knowledge base. Teachers who have completed the minimum hours
required during the re-license period may request that independent study and/or
intensive workshop or seminar participation be credited to their lane status,
as if this professional development activity were equal to a graduate level
course

The Superintendent will be responsible for establishing
application and approval procedures for such professional development credits.

Teachers:

The School Committee will adopt a salary schedule for regular
teaching personnel as part of the contract negotiated with the teachers'
bargaining unit. The schedule will be designed to recognize and reward training
and experience and encourage additional study for professional advancement.

C. Anniversary Dates

For
purposes of salary payment, teachers serving more than one-half (1/2) school
year will advance a step on the salary schedule in September.

D. Hourly Rates of Pay

1. Teachers
employed outside their normal working day or during summer vacation will be
compensated in the amount of $30.00 per hour, other than as provided under
Curriculum Development.

2. Teachers who
perform tutoring outside their normal work day shall be compensated at the rate
of $30.00 per hour, provided that no teacher shall be compensated for any time spent
preparing for the tutoring outside of the normal work day. (Only compensated
for actual time tutoring and not preparation time.)

E. Mileage Allowance

Traveling
teachers covered by the Agreement who are authorized to use private automobiles
for school business shall be reimbursed at the then current town rate per mile.

F. Substitute Teacher's Pay

Pay
for substitute teachers shall initially be seventy-five dollars ($75) per day
for non-certified personnel or eighty-five dollars ($85) per day for certified
personnel, but the Committee shall have the discretion to unilaterally raise
said per diem rate from time to time as it sees fit,

34

provided
it does so for all substitute teachers. Those certified substitutes serving
twenty (20) consecutive days for the same teacher shall be placed on the first
step of the salary schedule provided in this contract.

G. Payment of Salaries

Salaries
shall be deemed fully earned at the end of the school year and proportionately
earned during the school year. If a teacher leaves or dies during the school
year, his/her estate shall be entitled to a prorated share based on his/her
period of service in relation to the number school days taught.

H. Longevity

Longevity
increments shall be as follows:

After 10 years $275

After 15 years $ 475

After 20 years $ 875

After 25 years $1275

After 30 years $1575

All
members of the bargaining unit who hold a Master's Degree and have completed
ten (10) years of service to the Westport Community Schools, shall receive an
additional four hundred dollars ($400) annually.

Longevity
shall be paid in a lump sum during the first pay period in December of each
year following an employee's anniversary date.

I. Method and Time of Salary Payment

Salaries
of regular teachers shall be paid in twenty-six (26) installments on Friday of
every second (2nd) week. Teachers shall be required to complete and submit a
Notice of Election for Annualized Salary Form prior to the first day of work
each school year. The Election Form shall remain in effect for all following
years unless a new Election Form is submitted prior to the first day of work in
any given school year. Effective September 1, 2015, all bargaining unit members
will have their pay direct deposited into a financial institution or institutions
of their choosing. Direct deposit will be mandatory for all employees hired
after the execution of this agreement.

J. Itemized Payroll Deductions

Each
teacher will receive an itemized payroll stub. A copy of the corresponding bill
pay form will be attached to checks that include any additional compensation,
whenever possible. In the event of extraordinary circumstances the business
office will be afforded a one-pay period grace period to provide the bill form
to the employee.

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K. Extra Curricular Activities - Personnel

The
compensation for extra-curricular activities for members of bargaining Unit A
is set forth in Appendix D which is attached to and made part of this
agreement.

L Early Retirement

Section 1.

The intent of this provision is to provide a financial
incentive for a teacher to retire earlier than might otherwise be the case.
Such incentive can provide a benefit to the teacher, a long term financial
saving to the town and an opportunity for employment and/or career advancement
for other teachers.

Section 2.

Teachers eligible to participate in this plan are those who
have thirty (30) years' certified teaching experience, at least fifteen (15) of
which have been in Westport, or who have had twenty (20) of certified teaching
experience in Westport, have achieved the maximum step of the teacher's salary
schedule, have filed a binding declaration to retire as set forth below and
have filed notice of intent to retire with the Teachers Retirement Board.

Section 3.

A declaration of intent to resign or retire must be filed
with the Superintendent no later than January of the school year prior to the
year in which the retirement/resignation is to occur. Such declaration shall be
binding and irrevocable, however, in the event of an unforeseen emergency, the
teacher may revoke his/her notice of intent to retire by providing the
Superintendent with written notification of the reason for revocation. Teachers
may revoke their notice of intent to retire and resubmit said notice of intent to
retire only once. All retirements under this Article shall take effect as of
the end of the school year.

Section 4.

A teacher filing the declaration shall be entitled to receive
an amount as set forth below:

Age at date of retirement Amount

55 through 60 $7,000

over 60 $5,000

Payment
of said amount shall be made by August 31st of the fiscal year following that
in which the declaration of intent is filed. Teachers may elect to defer
payment of early retirement bonus until the next calendar year, no later than
June 30th.

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Upon
retirement, in accordance with the provisions of this Section, a retiring
teacher, with fewer than twenty-five (25) years of service, shall also be
entitled to $15.00 for each said accumulated day, in accordance with Article IX
Section H(1), and not used by said teacher as of the date of retirement.
Teachers with 25 years or more of service will receive $25.00 for each said
day.

M. Lane Change

In
order to aid the district in planning the budget and to better ensure proper credit
to teachers for contractual lane changes, each school year all employees will
receive a statement of graduate credits and other course credits applicable
toward a lane change on or before December 1st. Any employee who
disputes the credit total shall submit proof of completion of any disputed
course to the Superintendent on or before January 5th of that school
year.

Any
Employee within six (6) credits of a lane change will be presumed to be
changing lanes for purposed of budget planning and is not required to give any
notice of intention to change lanes. Any employee more than six (6) credits
from a lane change who anticipates changing lanes the following school year
must inform the Superintendent in writing of an intention to change lanes on or
before February 1 in order to ensure that salary adjustments due to lane change
will be credited when earned.

In
the event of State or District mandated training that moves an employee to the
next salary lane, no advance notice by the employee will be required and the
lane change increase will be paid immediately upon attaining the credits
required for the lane change.

Failure
to give required notice will result in an employee not being paid for a lane
change until the following school year. On a one-time basis, in September 2015
the school district will provide each member with a statement of graduate
credits and other course credits applicable toward a lane change.

ARTICLE XI-HANDLING OF NEW ISSUES

Being
a mutual Agreement, this instrument may be amended at any time by mutual
consent.

ARTICLE XII-NO
STRIKE CLAUSE

The
Federation will not engage in or encourage strike action or work stoppage of
any type during the life of this Agreement.

ARTICLE XIII-SAVINGS CLAUSE

If
any provision of this Agreement is or shall be contrary to law, then such
provision shall not be applicable, performed, or enforce except to the extent
permitted by law, but all other provisions of this Agreement shall continue to
be in effect.

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ARTICLE XIV -
DISTRICT DETERMINED MEASURES (DDMs)

During
the 2013-2014 school year, teachers identified District-Determined Measures.
These are measures of student learning, growth, and achievemtn related to the
Massachusetts Curriculum Framworks, Common Core State Standards or other
relevant frameworks, that are comparable across grades or subject level
district-wide. These measures may include, but shall not be limited to:
portfolios, approved commercial assessments, district-developed (pre and post
unit and course) assessments, and capstone projects.

During
the 2014-2015 school year, teachers are administering these assessments and
collecting data.

During
the 2015-2016 school year, all data analysis for determining measures or impact
and all identification and piloting of additional DDMs shall be subject to
recommendation to the Superintendent by the Joint-Management Evaluation Team.
The agreed-upon DESE DDM language is hereby incorporated by reference into this
Article as written. The sole modification to the DESE DDM Language is that the
language is Section 22(E) shall be modified to read as follows:

ii) Educators with professional teacher status shoes
overall Summative Performance Rating is exemplary or proficient and whose
Educator Impact on Student Learning is moderate or high shall be placed on a
two-year self-directed growth plan.

iii) Educators with professional teacher status whos overall
Summative Performacne Rating is exemplary or proficient and whose Educator
Impact on Student Learning is low shall be placed on a one-year self-directed
growth plan.

ARTICLE XV -
TEACHER EVALUATION

A. Evaluation

Teacher
Evaluation model rubrics, standards, and indicators and forms for teacher and
specialized instructional support personnel. See Appendix F.

B. Joint
Labor Management Committee

The
parties agree to establish an educator evaluation labor management (EELM)
committee by September 1, 2012. Said committee will continue to meet at least
through August 31,2015.

ARTICLE XVI-COMPLETE AGREEMENT

This
Agreement constitutes the entire agreement of the Committee and the Union,
arrived at as a result of collective bargaining negotiations, except such
amendments hereto as have been reduced to writing and signed by both parties.
All agreements, policies, precedents, employment and work practices are
existent and effective only to the extent they are expressly set forth in this
Agreement.

Any
waiver or breach of a condition of this Agreement by either party shall not
constitute a precedent for future enforcement of all the terms and conditions
of this Agreement. A change in

38

any
unwritten employment practices or policies shall not be considered a violation
of this Agreement.

ARTICLE XVII -
DURATION

This
Agreement and each of its provisions shall be in effect as of September 1, 2015
and shall continue in full force and effect until August 31, 2018. Negotiations
for a subsequent agreement shall commence on October 1,2017.

Coordinators
may apply for no more than 10 curriculum related release days upon
submission/approval of standard release day request to the Superintendent.

These
stipends will be paid for work done above and beyond the school day. Each
position listed in Appendix D will have a job description. An evaluation of
each individual's performance will be done on these positions.

Any
reduced or adjusted teaching load(s) must be negotiated.

Coaches

Assistant
coaches shall be paid sixty (60) percent of the annual stipend above of the
varsity coach of their respective sport. Middle School and freshmen coaches
shall be paid fifty-five (55) percent of the annual stipend above of the
varsity coach of their respective sport. In addition to the above stipend, all
coaches shall receive the following tournament stipend: $200 per week for

48

each
week that their season is extended beyond its regular ending date of
participation in post season Massachusetts State Tournament play with a maximum
of two (2) weeks.

COACHING SALARIES - FY2015 - FY2018

Step 1

Step 2

Step 3

Step 4

Step 5

Athletic Director

3,276

Basketball(Girls/Boys)

3,660

3,902

4,141

4,383

4,699

Softball/Baseball

2,707

2,887

3,062

3,237

3,570

Cross Country/Tennis/Golf

1,789

1,969

2,152

2,335

2,518

Field Hockey/Soccer

2,744

2,986

3,231

3,475

3,722

Volleyball

2,695

2,870

3,044

3,218

3,419

Cheerleader Advisor

1,789

1,969

2,152

2,335

2,518

Competition Cheerleading Advisor

1,789

1,969

2,152

2,335

2,518

APPENDIX E

WESTPORT HIGH SCHOOL PER SEMESTER/SUBJECT TEACHERS

Per
semester/subject teachers employed at the Westport High School shall receive
the following compensation for their work year:

All per semester/subject teachers possessing a bachelor's
degree plus shall receive $5,000 for the work year.

All per semester/subject teachers possessing a master's
degree plus shall receive $7,000 for the work year.

A) This
contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L.
C.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the
Model System for Educator Evaluation developed and which may be updated from
time to time by the Department of Elementary and Secondary Education. See 603
CMR 35.02 (definition of model system). In the event of a conflict between this
collective bargaining agreement and the governing laws and regulations, the
laws and regulations will prevail.

ii) To
provide a record of facts and assessments for personnel decisions, 35.01(2)(b);

iii) To
ensure that every school committee has a system to enhance the professionalism
and accountability of teachers and administrators that will enable them to
assist all students to perform at high levels, 35.01(3); and

A) *Artifacts of Professional Practice: Products of an
Educator's work and student work samples that demonstrate the Educator's
knowledge and skills with respect to specific performance standards.

B) Caseload Educator: Educators who teach or counsel
individual or small groups of students through consultation with the regular
classroom teacher, for example, school nurses, guidance counselors, speech and
language pathologists, and some reading specialists and special education
teachers.

C) Classroom teacher: Educators who teach preK-12 whole
classes, and teachers of special subjects as such as art, music, library, and
physical education. May also include special education teachers and reading
specialists who teach whole classes.

D) Categories of Evidence: Multiple measures
of student learning, growth, and achievement, judgments based on observations
and artifacts of professional practice, including unannounced observations of
practice of any duration; and additional evidence relevant to one or more
Standards of Effective Teaching Practice (603 CMR 35.03).

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E) *District-determined Measures: Measures of
student learning, growth and achievement related to the Massachusetts
Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks,
or other relevant frameworks, that are comparable across grade or subject level
district-wide. These measures may include, but shall not be limited to:
portfolios approved commercial assessments and district-developed pre and post
unit and course assessments, and capstone projects.

F) *Educator(s): Inclusive term that applies to all classroom teachers and
caseload educators, unless otherwise noted.

G) *Educator Plan: The growth or improvement actions identified as part of each
Educator's evaluation. The type of plan is determined by the Educator's career
stage, overall performance rating, and the rating of impact on student
learning, growth and achievement. There shall be four types of Educator Plans:

i) Developing
Educator Plan shall mean a plan developed by the Educator and the Evaluator
for one school year or less for an Educator without Professional Teacher Status
(PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new
assignment.

ii) Self-Directed
Growth Plan shall mean a plan developed by the Educator for one or two
school years for Educators with PTS who are rated proficient or exemplary.

iii) Directed
Growth Plan shall mean a plan developed by the Educator and the Evaluator
of one school year or less for Educators with PTS who are rated needs
improvement.

iv) Improvement
Plan shall mean a plan developed by the Evaluator of at least 30 calendar
days and no more than one school year for Educators with PTS who are rated
unsatisfactory with goals specific to improving the Educator's unsatisfactory
performance. In those cases where an Educator is rated unsatisfactory near the
close of a school year, the plan may include activities during the summer
preceding the next school year.

H) *ESE: The Massachusetts Department of Elementary and Secondary
Education.

I) *Evaluation: The ongoing process of defining goals and identifying,
gathering, and using information as part of a process to improve professional
performance (the "formative evaluation"I and "formative
assessment") and to assess total job effectiveness and make personnel
decisions (the

54

summative
evaluation").

J) *Evaluator: Any person designated by a superintendent who has primary or
supervisory responsibility for observation and evaluation. The superintendent
is responsible for ensuring that all Evaluators have training in the principles
of supervision and evaluation. Each Educator will have one primary Evaluator at
any one time responsible for determining performance ratings.

i) Primary Evaluator shall be the person who determines
the Educator's performance ratings and evaluation.

ii) Supervising Evaluator shall be the person responsible for developing the
Educator Plan, supervising the Educator's progress through formative
assessments, evaluating the Educator's progress toward attaining the Educator
Plan goals, and making recommendations about the evaluation ratings to the
primary Evaluator at the end of the Educator Plan. The Supervising Evaluator
may be the primary Evaluator or his/her designee.

iii) Teaching Staff Assigned to More Than One Building: Each Educator who
is assigned to more than one building will be evaluated by the appropriate
administrator where the individual is assigned most of the time. The principal
of each building in which the Educator serves must review and sign the
evaluation, and may add written comments. In cases where there is no
predominate assignment, the superintendent will determine who the primary
evaluator will be.

iv) Notification: The Educator shall be notified in writing of his/her primary
Evaluator and supervising Evaluator, if any, at the outset of each new
evaluation cycle. The Evaluator(s) may be changed upon notification in writing
to the Educator.

N) *Formative Assessment: The process used to assess progress
towards attaining goals set forth in Educator plans, performance on standards,
or both. This process may take place at any time(s) during the cycle of
evaluation, but typically takes place at mid-cycle.

0) *Formative Evaluation: An evaluation conducted at the end
of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used
to arrive at a rating on progress towards attaining the goals set forth in the
Educator Plan, performance on Standards and Indicators of Effective Teaching
Practice, or both.

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P) *Goal: A specific, actionable, and measurable area of improvement
as set forth in an Educator's plan. A goal may pertain to any or all of the
following: Educator practice in relation to Performance Standards, Educator
practice in relation to indicators, or specified improvement in student
learning, growth and achievement. Goals may be developed by individual
Educators, by the Evaluator, or by teams, departments, or groups of Educators
who have the same role.

Q) *Measurable: That which can be classified or estimated in relation to a
scale, rubric, or standards.

R). Multiple Measures of Student Learning: Measures must
include a combination of classroom, school and district assessments, student
growth percentiles on state assessments, if state assessments are available,
and student MEPA gain scores. This definition may be revised as required by
regulations or agreement of the parties upon issuance of ESE guidance expected
by July 2012.

S) *Observation: A data gathering process that includes notes and judgments
made during one or more classroom or worksite visits(s) of any duration by the
Evaluator and may include examination of artifacts of practice including
student work. An observation may occur in person or through video. Video
observations will be done openly and with knowledge of the Educator. The
parties agree to bargain the protocols of video observations should either
party wish to adopt such practice. Video observations will be discussed during
the 2012-2013 Educator Evaluation Labor Management Committee meetings.
Classroom or worksite observations conducted pursuant to this article must
result in feedback to the Educator. Normal supervisory responsibilities of
department, building and district administrators will also cause administrators
to drop in on classes and other activities in the worksite at various times as
deemed necessary by the administrator. Carrying out these supervisory
responsibilities, when they do not result in targeted and constructive feedback
to the Educator, are not observations as defined in this Article.

T) Parties: The parties to tills agreement are the local school
committee and the employee organization that represents the Educators covered
by this agreement for purposes of collective bargaining ("Employee
Organization/Association").

U) Performance Rating: Describes the Educator's performance
on each performance standard and overall. There shall be four performance
ratings:

Exemplary: the
Educator's performance consistently and significantly exceeds the requirements
of a standard or overall. The rating of exemplary on a standard indicates that
practice significantly exceeds proficient and could serve as a model of
practice on that standard

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district-wide.

Proficient: the
Educator's performance fully and consistently meets the requirements of a
standard or overall. Proficient practice is understood to be fully
satisfactory.

Needs Improvement:
the Educator's performance on a standard or overall is below therequirements of
a standard or overall, but is not considered to be unsatisfactory at this time.
Improvement is necessary and expected.

Unsatisfactory:
the Educator's performance on a standard or overall has not significantly
improved following a rating of needs improvement, or the Educator's performance
is consistently below the requirements of a standard or overall and is
considered inadequate, or both.

V) Performance Standards: Locally developed standards and
indicators pursuant to M.G.L. c. 71, § 38 and consistent with, and supplemental
to 603 OMR 35.00. The parties may agree to limit standards and indicators to
those set forth in 603 CMR 35.03.

W) Professional Teacher Status: PTS is the status
granted to an Educator pursuant to M.G.L. c. 71, §41.

X) rating of Educator Impact on Student Learning: A rating of high,
moderate or low based on trends and patterns on state assessments and
district-determined measures. The parties will negotiate the process for using
state and district-determined measures to arrive at an Educator's rating of
impact on student learning, growth and achievement, using guidance and model
contract language from ESE, expected by July 2012.

Y) Rating of Overall Educator Performance: The Educator's
overall performance rating is based on the Evaluator's professional judgment
and examination of evidence of the Educator's performance against the four
Performance Standards and the Educator's attainment of goals set forth in the
Educator Plan, as follows:

Standard
1: Curriculum, Planning and Assessment

Standard
2: Teaching All Students

Standard
3: Family and Community Engagement

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Standard 4: Professional
Culture

Attainment of
Professional Practice Goal

Attainment of
Student Learning Goal

Z) *Rubric: A scoring tool that describes characteristics of practice or
artifacts at different levels of performance. The rubrics for Standards and
Indicators of Effective Teaching Practice are used to rate Educators on
Performance Standards, these rubrics consists of:

Standards:
Describes broad categories of professional practice, including those required
in 603 CMR 35.03

Indicators:
Describes aspects of each standard, including those required in 603 CMR 35.03

Elements:
Defines the individual components under each indicator

Descriptors:
Describes practice at four levels of performance for each element

AA) *Summative Evaluation: An evaluation
used to arrive at a rating on each standard, an overall rating, and as a basis
to make personnel decisions. The summative evaluation includes the Evaluator's
judgments of the Educator's performance against Performance Standards and the
Educator's attainment of goals set forth in the Educator's Plan.

BB) *Superintendent: The person employed by the school
committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is
responsible for the implementation of 603 CMR 35.00.

CC) *Teacher: An Educator employed in a position requiring a certificate
or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of
vocational education as provided in 603 CMR 4.00. Teachers may include, for
example, classroom teachers, librarians, guidance counselors, or school nurses.

DD) *Trends in student learning: At least two
years of data from the district-determined measures and state assessments used
in determining the Educator's rating on impact on student learning as high,
moderate or low.

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2) Evidence Used In Evaluation

The
following categories of evidence shall be used in evaluating each Educator:

i) Measures of student progress on classroom assessments that
are aligned with the Massachusetts Curriculum Frameworks or other relevant
frameworks and are comparable within grades or subjects in a school;

ii) At least two district-determined measures of student
learning related to the Massachusetts Curriculum Frameworks or the
Massachusetts Vocational Technical Education Frameworks or other relevant
frameworks that are comparable across grades and/or subjects district-wide.
These measures may include: portfolios, approved commercial assessments and
district-developed pre and post unit and course assessments, and capstone
projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or
Massachusetts English Proficiency Assessment gain scores, if applicable, in
which case at least two years of data is required.

iii) Measures of student progress and/or achievement toward
student learning goals set between the Educator and Evaluator for the school
year or some other period of time established in the Educator Plan.

iv) For Educators whose primary role is not as a classroom
teacher, the appropriate measures of the Educator's contribution to student
learning, growth, and achievement set by the district. The measures set by the
district should be based on the Educator's role and responsibility.

B. Judgments based on observations and artifacts of practice
including:

i) Unannounced observations of practice of any duration.

ii) Announced observation(s) for non-PTS Educators in their first
year of practice in a school,

Educators
on Improvement Plans, and as determined by the Evaluator.

iii) Examination of Educator work products.

iv) Examination of student work samples.

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C. Evidence relevant to one or more Performance Standards,
including but not limited to:

i) Evidence compiled and presented by the Educator, including :

· Evidence of fulfillment of
professional responsibilities and growth such as self-assessments, peer
collaboration, professional development linked to goals in the Educator plans,
contributions to the school community and professional culture;

Evidence
of active outreach to and engagement with families;

ii) Evidence of progress towards professional practice goal;

iii) Evidence of progress toward student learning outcomes goal.

iv) Student and Staff Feedback - see # 23-24, below; and

v) Any other relevant evidence from any source that the
Evaluator shares with the Educator. Other relevant evidence could include
information provided by other administrators such as the superintendent.

The
rubrics are a scoring tool used for the Educator's self-assessment, the
formative assessment, the formative evaluation and the summative evaluation.
The district will use the rubric provided by DESE.

A. Prior
to the implementation of the new evaluation process contained in this article,
districts shall arrange training for all Educators, principals, and other
evaluators that outlines the components of the new evaluation process and
provides an explanation of the evaluation cycle. The district through the
superintendent shall determine the type and quality of training based on
guidance provided by ESE.

B. By November 1st of the first year of this
agreement, all Educators shall complete a professional learning activity about
self-assessment and goal-setting satisfactory to the superintendent or
principal. Any Educator hired after the November 1st date, and who
has not previously completed such an activity, shall complete such a
professional learning activity about self-assessment and goal-setting within
three months of the date of hire. The district through the superintendent shall

60

determine
the type and quality of the learning activity based on guidance provided by
ESE.

A. At the start of each school year, the superintendent,
principal or designee shall conduct a meeting for Educators and Evaluators
focused substantially on educator evaluation. The superintendent, principal or
designee shall:

i) Provide an overview of the evaluation process, including goal
setting and the educator plans.

ii) Provide all Educators with directions for obtaining a copy of
the forms used by the district. These may be electronically provided.

iii) The faculty meeting may be digitally recorded to facilitate
orientation of Educators hired after the beginning of the school year.

i) The evaluation cycle begins with the Educator completing and
submitting to the Primary or Supervising Evaluator a self-assessment by October
1st or within four weeks of the start of their employment at the school.

ii) The self-assessment includes:

(a) An analysis
of evidence of student learning, growth and achievement for students under the
Educator's responsibility.

(b) An assessment
of practice against each of the four Performance Standards of effective
practice using the district's rubric.

(c) Proposed
goals to pursue:

One
goal directly related to improving the Educator's own professional practice.

One
goal directed related to improving student learning.

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Goals
will be mutually agreed upon by evaluator and educator.

B. Proposing the goals

i) Educators must consider goals for grade-level, subject-area,
department teams, or other groups of Educators who share responsibility for
student learning and results, except as provided in (ii) below. Educators may
meet with teams to consider establishing team goals. Evaluators may participate
in such meetings.

ii) For Educators in their first year of practice, the
Evaluator or his/her designee will meet with each Educator by October 1st
(or within four weeks of the Educator's first day of employment if the Educator
begins employment after September 15th) to assist the Educator in
completing the self-assessment and drafting the professional practice goal and
student learning goal which must include induction and mentoring activities.

iii) Unless the Evaluator indicates that an Educator in his/her
second or third years of practice should continue to address induction and
mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade
level or subject area team goals.

iv) For Educators with PTS and ratings of proficient or
exemplary, the goals may be team goals. In addition, these Educators may
include individual professional practice goals that address enhancing skills that
enable the Educator to share proficient practices with colleagues or develop
leadership skills.

v) For Educators with PTS and ratings of needs improvement or
unsatisfactory, the professional practice goal(s) must address specific
standards and indicators identified for improvement. In addition, the goals may
address shared grade level or subject area team goals.

7) Evaluation Cycle: Goal Setting and Development of the
Educator Plan

A) Every Educator has an Educator Plan that includes, but is
not limited to, one goal related to the improvement of practice; one goal for
the improvement of student learning. The Plan also outlines actions the
Educator must take to attain the goals established in the Plan and benchmarks
to assess progress. Goals may be developed by individual Educators, by the
Evaluator, or by teams, departments, or groups of Educators who have the
similar roles and/or responsibilities. See Sections 15-19 for more on Educator
Plans.

B) To determine the goals to be included in the Educator Plan,
the Evaluator reviews the goals the

62

Educator
has proposed in the Self-Assessment, using evidence of Educator performance and
impact on student learning, growth and achievement based on the Educator's
self-assessment and other sources that Evaluator shares with the Educator. The
process for determining the Educator's impact on student learning, growth and
achievement will be determined after ESE issues guidance on this matter. See
#22, below.

C. Educator Plan Development Meetings shall be conducted as
follows:

i) Educators in the same school may meet with the Evaluator in
teams and/or individually at the end of the previous evaluation cycle or by
October 15th of the next academic year to develop their Educator Plan.
Educators shall not be expected to meet during the summer hiatus.

ii) For those Educators new to the school, the meeting with the
Evaluator to establish the Educator Plan must occur by October 15th
or within six weeks of the start of their assignment in that school

iii) The Evaluator shall meet individually with Educators with PTS
and ratings of needs improvement or unsatisfactory to develop professional
practice goal(s) that must address specific standards and indicators identified
for improvement. In addition, the goals may address shared grade level or
subject matter goals.

D. The Evaluator completes the Educator Plan by November 1st.
The Educator shall sign the Educator Plan within 5 school days of its receipt
and may include a written response. The Educator's signature indicates that the
Educator received the plan in a timely fashion. The signature does not indicate
agreement or disagreement with its contents. The Evaluator retains final
authority over the content of the Educator's Plan.

A. The Educator whose overall rating is proficient or exemplary
must have at least one unannounced observation during the evaluation cycle.

B. The Educator whose overall rating is needs improvement must
be observed according to the Directed Growth Plan during the period of Plan
which must include at least two unannounced observations.

C. The Educator whose overall rating is unsatisfactory must be
observed according to the Improvement Plan which must include both unannounced
and announced observation. The number and frequency of the observations shall
be determined by the Evaluator, but in no case, for improvement plans of one
year, shall there be fewer than one announced and four unannounced
observations. For Improvement Plans of six months or fewer, there must be no
fewer than one announced and two unannounced observations.

The
Evaluator's first observation of the Educator should take place by November 15.
Observations required by the Educator Plan should be completed by May 15th. The
Evaluator may conduct additional observations after this date.

The
Evaluator is not required nor expected to review all the indicators in a rubric
during an observation.

When
observing Educators, the Evaluator shall utilize the Report of Observation Form
found in the Appendix. If an observation raises questions or concerns, the
Evaluator will check the "We need to talk" box found on the report
form. Upon receipt of the form, the Educator will have two days to request a
meeting with the Evaluator.

If
an observation is of concern, the Evaluator's concerns shall be in writing and
shall include the specific standard(s) and/or indicator(s) in question; the
evidence supporting the concern(s); suggested actions for correcting the
problem; and any supports and resources that are available to

64

the
Educator. The Educator is responsible for addressing the need for improvement.

The
Educator may submit comments and/or additional information that is relevant to
the Evaluator's understanding of the evidence. Any comments or information
added by the Educator shall become part of the Educator's personnel file and
the Evaluator who collected and documented the evidence shall acknowledge
receipt with his/her signature.

A. Unannounced Observations

i) Unannounced observations may be in the form of partial or
full-period classroom visitations, Instructional Rounds, Walkthroughs, Learning
Walks, or any other means deemed useful by the Evaluator, principal,
superintendent or other administrator.

ii) The Educator will be provided with at least brief written
feedback from the Evaluator within 3-5 school days of the observation. The
written feedback shall be delivered to the Educator in person, placed in the
Educator's mailbox or mailed to the Educator's home.

iii) Any observation or series of observations resulting in one or
more standards judged to be unsatisfactory or needs improvement for the first
time must be followed by at least one observation of at least 30 minutes in
duration within 30 school days.

B. Announced Observations

i) All non-PTS Educators in their first year in the school and
PTS Educators on Improvement Plans shall have at least one Announced
Observation.

(a) The Evaluator,
with input from the Educator, shall select the date and time of the lesson or
activity to be observed and discuss with the Educator any specific goal(s) for
the observation.

(b) Within 5
school days of the scheduled observation, upon request of either the Evaluator
or Educator, the Evaluator and Educator shall meet for a pre-observation
conference. In lieu of a meeting, the Educator may inform the Evaluator in
writing of the nature of the lesson, the student population served, and any
other information that will assist the Evaluator to assess performance

(c) The Educator
shall provide the Evaluator a draft of the lesson (UBD template: stage 3
-Lesson Plan), student conference, IEP plan or activity. If the actual plan is
different, the Educator will provide the Evaluator with any changes prior to
the observation.

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(d) The Educator
will be notified as soon as possible if the Evaluator will not be able to attend
the scheduled observation. The observation will be rescheduled with the
Educator as soon as reasonably practical.

C. Within 5 school days of the observation, the Evaluator and
Educator shall meet, normally during the school day, for a post-observation
conference. This timeframe may be extended due to unavailability on the part of
either the Evaluator or the Educator, but shall be rescheduled within 24 hours
if possible.

D. The Evaluator shall provide the Educator with written
feedback within 5 school days of the post-observation conference. For any
standard where the Educator's practice was found to be unsatisfactory or needs
improvement, the feedback must:

(a) Describe the
basis for the Evaluator's judgment.

(b) Describe
actions the Educator should take to improve his/her performance.

(c) Identify
support and/or resources the Educator may use in his/her improvement.

(d) State that the
Educator is responsible for addressing the need for improvement.

Record of Observations and Evaluations

A) Each
Educator's Evaluation shall consist of the agreed upon collection of evidence
forms in Appendix A.

B) The
report of the observation and evaluations shall be maintained as part of the
Educator's personnel file, pursuant to Article VII D in the CBA. This record
shall be used to document and preserve evidence utilized in the evaluation
process.

C) Every
Educator shall have the right to compile and present any evidence or
information that relates to his/her performance against the standards and/or
progress toward plan goals. The Educator may share said evidence/information
with his/her Evaluator(s) at any point in the evaluation cycle consistent with
the DESE timeline. The Employer shall acknowledge receipt of said contents with
his/her signature.

A
specific purpose for evaluation is to promote student learning, growth and
achievement by providing Educators with feedback for improvement. Evaluators
are expected to make frequent

66

unannounced
visits to classrooms. Evaluators are expected to give targeted constructive
feedback to Educators based on their observations of practice, examination of
artifacts, and analysis of multiple measures of student learning, growth and
achievement in relation to the Standards and Indicators of Effective Teaching
Practice. Formative or Summative Evaluation reports shall be based primarily on
evidence provided by the Evaluator(s) and Educator consistent with the
evaluation process.

Formative
Assessment may be ongoing throughout the evaluation cycle but typically takes
places mid-cycle when a Formative Assessment report is completed. For an
Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative
Assessment report is replaced by the Formative Evaluation report at the end of
year one. See section 13, below.

The
Formative Assessment report provides written feedback and ratings to the
Educator about his/her progress towards attaining the goals set forth in the
Educator Plan, performance on Performance Standards and overall, or both

No
less than two weeks before the due date for the Formative Assessment report,
which due date shall be established by the Evaluator with written notice to the
Educator, the Educator shall provide to the Evaluator evidence of family
outreach and engagement, fulfillment of professional responsibility and growth,
and progress on attaining professional practice and student learning goals. The
educator may provide to the evaluator additional evidence of the educator's
performances against the four Performance Standards.

Upon
the request of either the Evaluator or the Educator, the Evaluator and the
Educator will meet either before or after completion of the Formative
Assessment Report.

The
Evaluator shall complete the Formative Assessment report and provide a copy to
the Educator. All Formative Assessment reports must be signed by the Evaluator
and delivered face-to-face, or to the Educator's school mailbox or home.

The
Educator may reply in writing to the Formative Assessment report within 5
school days of receiving the report.

The
Educator shall sign the Formative Assessment report by within 5 school days of
receiving the report. The signature indicates that the Educator received the
Formative Assessment report in a timely fashion. The signature does not
indicate agreement or disagreement with its contents.

As
a result of the Formative Assessment Report, the Evaluator may change the
activities in the Educator Plan.

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If
the rating in the Formative Assessment report differs from the last summative
rating the Educator received, the Evaluator may place the Educator on a
different Educator Plan, appropriate to the new rating.

13) Evaluation Cycle: Formative Evaluation for Two Year
Self-Directed Plans Only

A. Educators on two year Self-Directed Growth Educator Plans
receive a Formative Evaluation report near the end of the first year of the two
year cycle. The Educator's performance rating for that year shall be assumed to
be the same as the previous summative rating unless evidence demonstrates a
significant change in performance in which case the rating on the performance
standards may change, and the Evaluator may place the Educator on a different
Educator plan, appropriate to the new rating.

B. The Formative Evaluation report provides written feedback and
ratings to the Educator about his/her progress towards attaining the goals set
forth in the Educator Plan, performance on each performance standard and
overall, or both.

C. No less than two weeks before the due date for the Formative
Evaluation report, which due date shall be established by the Evaluator with
written notice provided to the Educator, the Educator shall provide to the
Evaluator evidence of family outreach and engagement, fulfillment of
professional responsibility and growth, and progress on attaining professional
practice and student learning goals. The educator may also provide to the
evaluator additional evidence of the educator's performance against the four
Performance Standards.

D. The Evaluator shall complete the Formative Evaluation report
and provide a copy to the Educator. All Formative Evaluation reports must be
signed by the Evaluator and delivered face-to-face, or to the Educator's
school mailbox or home.

E. Upon the request of either the Evaluator or the Educator, the
Evaluator and the Educator will meet either before or after completion of the
Formative Evaluation Report.

F. The Educator may reply in writing to the Formative Evaluation
report within 5 school days of receiving the report.

G. The Educator shall sign the Formative Evaluation report by
within 5 school days of receiving the report. The signature indicates that the
Educator received the Formative Evaluation report in a timely fashion. The
signature does not indicate agreement or disagreement with its contents.

H. As a result of the Formative Evaluation report, the Evaluator
may change the activities in the

68

Educator
Plan.

I. If the rating in the Formative Evaluation report differs
from the last summative rating the Educator received, the Evaluator may place
the Educator on a different Educator Plan, appropriate to the new rating.

A. The evaluation cycle concludes with a summative evaluation
report. For Educators on a one or two year Educator Plan, the summative report
must be written and provided to the educator by May 15th.

B. The Evaluator determines a rating on each standard and an
overall rating based on the Evaluator's professional judgment, an examination
of evidence against the Performance Standards and evidence of the attainment of
the Educator Plan goals.

C. The professional judgment of the primary evaluator shall be
considered in the overall summative rating that the Educator receives.

D. For an educator whose overall performance rating is exemplary
or proficient and whose impact on student learning is low, the evaluator's
supervisor shall discuss and review the rating with the evaluator and the
supervisor shall confirm or revise the educator's rating. In cases where the
superintendent serves as the primary evaluator, the superintendent's decision
on the rating shall not be subject to review. The Superintendent shall not act
as a primary evaluator in Westport.

E. The summative evaluation rating must be based on evidence
from multiple categories of evidence. MCAS Growth scores shall not be the sole
basis for a summative evaluation rating.

F. To be rated proficient overall, the Educator shall, at a
minimum, have been rated proficient on the Curriculum, Planning and Assessment
and the Teaching All Students Standards of Effective Teaching Practice.

G. No less than four weeks before the due date for the Summative
Evaluation report, which due date shall be established by the Evaluator with
written notice provided to the Educator, the Educator will provide to the
Evaluator evidence of family outreach and engagement, fulfillment of
professional responsibility and growth, and progress on attaining professional
practice and student learning goals. The educator may also provide to the
evaluator additional evidence of the educator's performance against the four Performance
Standards.

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H, The Summative Evaluation report should recognize areas of
strength as well as identify recommendations for professional growth.

I. The Evaluator shall deliver a signed copy of the Summative
Evaluation report to the Educator face-to-face, or to the Educator's school
mailbox or home no later than May 15th.

J. The Evaluator shall meet with the Educator rated needs
improvement or unsatisfactory to discuss the summative evaluation. The meeting
shall occur by June 1st.

K. The Evaluator may meet with the Educator rated proficient or
exemplary to discuss the summative evaluation, if either the Educator or the
Evaluator requests such a meeting. The meeting shall occur by June 10th.

L. Upon mutual agreement, the Educator and the Evaluator may
develop the Self-Directed Growth Plan for the following two years during the
meeting on the Summative Evaluation report.

M. The Educator shall sign the final Summative Evaluation report
by June 15th. The signature indicates that the Educator received the Summative
Evaluation report in a timely fashion. The signature does not indicate
agreement or disagreement with its contents.

N. The Educator shall have the right to respond in writing to
the summative evaluation which shall become part of the final Summative
Evaluation report.

O. A copy of the signed final Summative Evaluation report shall
be filed in the Educator's personnel file.

A. Educator Plans shall be designed to provide Educators with
feedback for improvement, professional growth, and leadership; and to ensure
Educator effectiveness and overall system accountability. The Plan must be
aligned to the standards and indicators and be consistent with district and
school goals.

B. The Educator Plan shall include, but is not limited to:

i) One goal related to improvement of practice tied to one or
more Performance Standards;

ii) One goal for the improvement the learning, growth and
achievement of the students under the

70

Educator's
responsibility;

iii) An outline of actions the Educator must take to attain the
goals and benchmarks to assess progress. Actions must include specified
professional development and learning activities that the Educator will
participate in as a means of obtaining the goals, as well as other support that
may be suggested by the Evaluator or provided by the school or district.
Examples may include but are not limited to coursework, self-study, action
research, curriculum development, study groups with peers, and implementing new
programs.

C.
It is the Educator's responsibility to attain the goals in the Plan and to
participate in any trainings and professional development provided through the
state, district, or other providers in accordance with the Educator Plan.

A. A Two-year Self-Directed Growth Plan is for those Educators
with PTS who have an overall rating of proficient or exemplary, and after
2013-2014 whose impact on student learning is moderate or high. A formative
evaluation report is completed at the end of year 1 and a summative evaluation
report at the end of year 2.

B. A One-year Self-Directed Growth Plan is for those Educators
with PTS who have an overall rating of proficient or exemplary, and after
2013-2014 whose impact on student learning is low. In this case, the Evaluator
and Educator shall analyze the discrepancy between the summative evaluation
rating and the rating for impact on student learning to seek to determine the
cause(s) of the discrepancy.

A. A Directed Growth Plan is for those Educators with PTS whose
overall rating is needs improvement.

B. The goals in the Plan must address areas identified as needing
improvement as determined by the

71

Evaluator.

C. The Evaluator shall complete a summative evaluation for the
Educator at the end of the period determined by the Plan, but at least
annually, and in no case later than May 15th.

D. For an Educator on a Directed Growth Plan whose overall
performance rating is at least proficient, the Evaluator will place the
Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

E. For an Educator on a Directed Growth Plan whose overall
performance rating is not at least proficient, the Evaluator will rate the
Educator as unsatisfactory and will place the Educator on an Improvement Plan
for the next Evaluation Cycle.

A. An Improvement Plan is for those Educators with PTS whose
overall rating is unsatisfactory.

B. The parties agree that in order to provide students with the
best instruction, it may be necessary from time to time to place an Educator
whose practice has been rated as unsatisfactory on an Improvement Plan of no
fewer than 30 calendar days and no more than one school year. In the case of an
Educator receiving a rating of unsatisfactory near the close of one school
year, the Improvement Plan may include activities that occur during the summer
before the next school year begins. It will be up to the Educator whether or
not he or she participates in summer activities.

C. The Evaluator must complete a summative evaluation for the
Educator at the end of the period determined by the Evaluator for the Plan.

D. An Educator on an Improvement Plan shall be assigned a
Supervising Evaluator (see definitions). The Supervising Evaluator is
responsible for providing the Educator with guidance and assistance in
accessing the resources and professional development outlined in the
Improvement Plan. The primary evaluator may be the Supervising Evaluator.

E. The Improvement Plan shall define the problem(s) of practice
identified through the observations and evaluation and detail the improvement
goals to be met, the activities the Educator must take to improve and the
assistance to be provided to the Educator by the district.

F. The Improvement Plan process shall include:

i) Within ten school days of notification to the Educator that
the Educator is being placed on an

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Improvement
Plan, the Evaluator shall schedule a meeting with the Educator to discuss the
Improvement Plan. The Evaluator will develop the Improvement Plan, which will
include the provision of specific assistance to the Educator.

ii) The Educator may request that a representative of the
Employee Organization/Association attend the meeting(s).

iii) If the Educator consents, the Employee
Organization/Association will be informed that an Educator has been placed on
an Improvement Plan.

G. The Improvement Plan shall:

i) Define the improvement goals directly related to the
performance standard(s) and/or student learning outcomes that must be improved;

ii) Describe the activities and work products the Educator must
complete as a means of improving performance;

iii) Describe the assistance that the district will make available
to the Educator;

iv) Articulate the measurable outcomes that will be accepted as
evidence of improvement;

v) Detail the timeline for completion of each component of the
Plan, including at a minimum a mid-cycle formative assessment report of the relevant
standard(s) and indicator(s);

vi) Identify the individuals assigned to assist the Educator
which must include minimally the Supervising Evaluator; and,

vii) Include the signatures of the Educator and Supervising
Evaluator.

H. A copy of the signed Plan shall be provided to the Educator.
The Educator's signature indicates that the Educator received the Improvement
Plan in a timely fashion. The signature does not indicate agreement or
disagreement with its contents.

I. Decision on the Educator's status at the conclusion of the
Improvement Plan.

i) All determinations below must be made no later than June 1.
One of three decisions must be made at the conclusion of the Improvement Plan:

73

a) If the Evaluator determines that the Educator has improved
his/her practice to the level of proficiency, the Educator will be placed on a
Self-Directed Growth Plan.

b) In those cases where the Educator was placed on an
Improvement Plan as a result of his/her summative rating at the end of his/her
Directed Growth Plan, if the Evaluator determines that the

Educator
is making substantial progress toward proficiency, the Evaluator shall place
the Educator on a Directed Growth Plan.

c) In those cases where the Educator was placed on an
Improvement Plan as a result of his/her Summative rating at the end of his/her
Directed Growth Plan, if the Evaluator determines that the Educator is not
making substantial progress toward proficiency, the Evaluator shall recommend
to the superintendent that the Educator be dismissed.

d) If the Evaluator determines that the Educator's practice
remains at the level of unsatisfactory, the Evaluator shall recommend to the
superintendent that the Educator be dismissed.

Educator signs Summative Evaluation Report and adds
response, if any within 5 school days of receipt

June 15

A) Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2 year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

B) Educators on Plans of Less than One Year

i) The timeline
for educators on Plans of less than one year will be established in the
Educator Plan.

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21) Career Advancement

A. In order to attain Professional Teacher Status, the Educator
should achieve ratings of proficient or exemplary on each Performance Standard
and overall. A principal considering making an employment decision that would
lead to PTS for any Educator who has not been rated proficient or exemplary on
each performance standard and overall on the most recent evaluation shall
confer with the superintendent by May 1. The principal's decision is subject to
review and approval by the superintendent.

B. In order to qualify to apply for a teacher leader position,
the Educator must have had a Summative Evaluation performance rating of
proficient or exemplary for at least the previous two years.

C. Educators with PTS whose summative performance rating is
exemplary and, after 2013-14 whose impact on student learning is rated moderate
or high, shall be recognized and rewarded with leadership roles, promotions,
public commendation or other acknowledgement as determined by the district
through collective bargaining where applicable.

ESE
will provide model contract language and guidance on rating educator impact on
student learning growth based on state and district-determined measures of
student learning. Upon receiving this model contract language and guidance, the
parties agree to bargain with respect to this matter.

ESE
will provide model contract language, direction and guidance on using student
feedback in Educator Evaluation by June 30, 2013. Upon receiving this model
contract language, direction and guidance, the parties agree to bargain with
respect to this matter.

ESE
will provide model contract language, direction and guidance on using staff
feedback in Administrator Evaluation by June 30, 2013. Upon receiving this
model contract language, direction and guidance, the parties agree to bargain
with respect to this matter.

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25) Transition from Existing Evaluation System

A. The parties may agree that 50% of more of Educators in the
district will be evaluated under the new procedures at the outset of this
Agreement, and 50% or fewer will be evaluated under the former evaluation
procedures for the first year of implementation of the new procedures in this
Agreement.

B. The parties shall agree on a process for identifying the
Educator Plan that each Educator will be placed on during the Educator's first
year being evaluated under the new procedures, providing that Educators who
have received ratings of unsatisfactory or its equivalent in the prior year
will be placed on Directed Growth or Improvement Plans at the sole discretion
of the Superintendent.

C. The parties agree that to address the workload issue of
Evaluators, during the first evaluation cycle under this Agreement in every
school or department, the names of the Educators who are being placed on
Self-directed Growth Plans shall be literally or figuratively "put into a
hat." The first fifty (50) percent drawn shall be on a 1 -year
Self-directed Growth Plan and the second fifty (50) percent shall be on a
2-year Plan.

D. The existing evaluation system will remain in effect until
the provisions set forth in this Article are implemented. The relevant
timeframe for adopting and implementing new systems is set forth in 603 CMR
35.11(1).

A. Only Educators who are licensed may serve as primary
evaluators of Educators.

B. Evaluators shall not make negative comments about the Educator's
performance, or comments of a negative evaluative nature, in the presence of
students, parents or other staff, except in the unusual circumstance where the
Evaluator concludes that s/he must immediately and directly intervene. Nothing
in this paragraph is intended to limit an administrator's ability to
investigate a complaint, or secure assistance to support an Educator.

C. The superintendent shall insure that Evaluators have training
in supervision and evaluation, including the regulations and standards and
indicators of effective teaching practice promulgated by ESE (35.03), and the
evaluation Standards and Procedures established in this Agreement.

D. Should there be a serious disagreement between the Educator
and the Evaluator regarding an overall summative performance rating of
unsatisfactory, the Educator may meet with the Evaluator's supervisor to
discuss the disagreement. Should the Educator request such a meeting, the

77

Evaluator's
supervisor must meet with the Educator. The Evaluator may attend any such
meeting at the discretion of the superintendent.

E. The parties agree to establish a joint labor-management
evaluation team which shall review the evaluation processes and procedures
annually through the first three years of implementation and recommend
adjustments to the parties.

F. It is agreed that this language will be reviewed by DESE
and further discussion may need to take place. Violations of
this article are subject to the grievance and arbitration procedures. The
arbitrator shall determine whether there was substantial compliance with the
totality of the evaluation process. When the evaluation process results in the
termination or non-renewal of an Educator, then no financial remedy or
reinstatement shall issue if there was substantial compliance.

1 As per the Massachusetts Model System for Educator
Evaluation Contract Language, evaluation conferences are required for ratings
of Needs Improvement and Unsatisfactory but conferences may be requested by
either the educator or evaluator for any Educator Plan. The conference may
occur before or after the Report is completed; the sequence in the above table
does not denote required chronological order.

2 Formative Evaluation only occurs at the end of the first
year of a two-year Self-Directed Growth Plan.

3 The educator's formative evaluation rating at the end of
the first year of the two-year cycle shall be the same as the previous
summative rating unless evidence demonstrates a significant change in
performance. In such a case, the rating on the formative evaluation may change.
Assigning ratings is optional during Formative Assessment.

4 An educator may provide written comments to the evaluator
at any time using the Educator Response Form but 603 CMR 35.06 ensures that
educators have an opportunity to respond to the Formative Assessment, Formative
Evaluation, and Summative Evaluation in writing.

Briefly summarize areas of strength and high-priority concerns
for students under your responsibility for the upcoming school year. Cite
evidence such as results from available assessments. This form should be
individually submitted by educator, but Part 1 can also be used by
individuals and/or teams who jointly review and analyze student data.603 CMR35.06
(2) (a) 1

Team,
if applicable:______________________________________

List
Team Members below:

___________________________ __________________________

Self-Assessment
Form

Self-Assessment
From__________________________________________

Educator-Name/Title:
_________________________________

Part 2: Assessment of Practice Against Performance Standards

Citing your district's performance
rubric, briefly summarize areas of strength and high-priority areas for
growth. Areas may target specific Standards, Indicators, or Elements, or span
multiple Indicators or Elements within or across Standards. The form should
be individually submitted by educator, but Part 2 can also be used by teams
in preparation for proposing team goals. 603 CMR 35.06
(2)(a)2

Team,
if applicable:_____________________________________

List
Team Members below:

____________________________ _________________________

____________________________ _________________________

____________________________ _________________________

Signature
of Educator_____________________ Date__________

Signature
of Evaluator_____________________ Date______ _

* The evaluator's signature indicates that lie or she has
received a copy of the self-assessment form and the goal setting form with
proposed goals. It does not denote approval of the goals.

A
minimum of one student learning goal and one professional practice goal are
required. Team goals must be considered per 603 CMR 35.06(3)(b). Attach pages as
needed for additional goals or revisions made to proposed goals during the
development of the Educator Plan.

Student Learning SMART Goal

Check whether goal is individual or
team;

write team name if applicable.

Professional Practice SMART Goal

Check whether goal is individual or
team;

write team name if applicable.

□Individual

□Individual

□Team:______________________________

□Team:_____________________________

SMART: S=Specific and Strategic; M=Measurable; A=Action Oriented;

R=Rigorous,
Realistic, and Results-Focused; T=Timed and Tracked

EducatorName/Title:
___________________________________

Primary
Evaluator-Name/Title: _______________________________

_________________________

1 If proposed goals change during Plan Development, edits may
be recorded directly on original sheet or revised goal may be recorded on a new
sheet. If proposed goals are approved as written, a separate sheet is not
required.

The
signature of the educator means only that s/he has read this document. The
evaluator will present the form to the educator within 10 working days of the
observation. The educator may attach a written statement or evidence of his/her
own provided s/he does so within ten working days of receipt of this form.

Educator Plan Form

EducatorName/Title:
__________________________________

Professional Practice Goal(s): Planned Activities

Describe actions the educator will
take to attain the professional practice goal(s). Activities may apply to
individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District1

Timeline or Frequency

This Educator Plan is "designed to provide educators
with feedback for improvement, professional growth, and leadership," is
"aligned to statewide Standards and Indicators in 603 CMR 35.00 and local
Performance Standards," and "is consistent with district and school
goals." (see 603 CMR 35.06 (3)(d) and603 CMR
35.06(3)(f).)

Signature
of Evaluator_____________________ Date_________

Signature
of Educator______________________ Date__________

* As the evaluator retains final authority over goals to be
included in an educator's plan (see 603 CMR35.06(3)(c)),
the signature of the educator indicates that he or she has received the Goal
Setting Form with the "Final Goal" box checked, indicating the
evaluator's approval of the goals. The educator's signature does not
necessarily denote agreement with the goals. Regardless of agreement with the
final goals, signature indicates recognition that "It is the educator's
responsibility to attain the goals in the plan and to participate in any
trainings and professional development provided through the state, district, or
other providers in accordance with the Educator Plan." (see 603
CMR 35.06(4))

Record notes "based on
observations and artifacts of professional practice, including unannounced
observations of practice of any duration " or other forms of evidence to
support determining ratings on Standards as per603 CMR 35.07

Feedback Provided

Briefly record feedback given to
educator (e.g.. strengths recognized, suggestions for improvement)

EX: 11/8/11

EX: unit plans, benchmark data

EX: I-B

EX: unit plans were appropriately modified after analysis
of benchmark data to better reflect student performance at mid-point of
semester

Summarize the evidence compiled to be
presented to evaluator with a brief analysis. Attach additional pages as
needed.

Signature
of Educator______________________ Date__________

Signature
of Evaluator_____________________ Date______

□Attachment(s) included

EducatorName/Title:
___________________________________

____________________________________________________

1
Per603
CMR 35.07(1 )(c)1, "Evidence compiled and presented by the educator include: 1.
Evidence of fulfillment of professional responsibilities and growth, such as:
self-assessments; peer collaboration; professional development linked to goals
and or educator plans; contributions to the school community and professional
culture; 2. Evidence of active outreach to and ongoing engagement with
families." However, educator collection of evidence is not limited to
these areas.

The
educator shall have the opportunity to respond in writing to the formative
assessment as per 603 CMR 35.06(5)(c)on the Educator Response Form.

Signature
of Evaluator_______________ Date Completed:_______

Signature
of Educator*______________ Date Received: ________

* Signature
of the educator indicates acknowledgement of this report; it does not
necessarily denote agreement with the contents of the report. Educators have
the opportunity to respond to this report in writing and may use the Educator
Report Form.

* For
educators on two-year Self-Directed Growth Plans at the end of Year One of the
cycle

The educator shall have the opportunity to respond in writing
to the formative evaluation as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature
of Evaluator______________ Date Completed:_______

Signature
of Educator*_____________ Date Received:_________

*
Signature of the educator indicates acknowledgement of this report; it does not
necessarily denote agreement with the contents of the report. Educators have
the opportunity to respond to this report in writing and may use the Educator
Report Form.

The
educator shall have the opportunity to respond in writing to the summative
evaluation as per 603 CMR 35.06(6) on the Educator Response Form.

Signature
of Evaluator______________ Date Completed:_______

Signature
of Educator*_____________ Date Received: ________

*
Signature of the educator indicates acknowledgement of this report; it does not
necessarily denote agreement with the contents of the report. Educators have
the opportunity to respond to this report in writing and may use the Educator Report
Form.

Good
goals help educators, schools, and districts improve. That is why the educator
evaluation regulations require educators to develop goals that are specific,
actionable, and measurable. They require, too, that goals be accompanied by
action plans with benchmarks to assess progress. This "SMART" Goal
framework is a useful tool that individuals and teams can use to craft
effective goals and action plans:

S = Specific
and Strategic

M = Measurable

A = Action
Oriented

R = Rigorous,
Realistic, and Results-Focused (the 3 Rs)

T = Timed
and Tracked

Goals
with an action plan and benchmarks that have these characteristics are
"SMART." A practical example some of us have experienced in our
personal lives can make clear how this SMART goal framework can help turn hopes
into actions that have results.

First, an example of not being "SMART" with
goals:I will lose weight and get in condition. Getting SMARTer: Between
March 15 and Memorial Day, I will lose 10 pounds and be able to run 1 mile
nonstop.

The hope is now a goal, that meets most of the SMART
Framework criteria:

It's Specific and Strategic = 10 pounds, 1 mile

It's Measurable = pounds, miles

It's Action-oriented = lose, run

It's got the 3 Rs = weight loss and running
distance

It's Timed = 10 weeks

SMART enough: To make the goal really "SMART," though, we need
to add an action plan and benchmarks. They make sure the goal meets that final
criteria, "Tracked." They also strengthen the other criteria,
especially when the benchmarks include "process" benchmarks for
tracking progress on the key actions and "outcome" benchmarks that
track early evidence of change and/or progress toward the ultimate goal. Key
Actions

Reduce my daily calorie intake to fewer than 1,200 calories
for each of 10 weeks.

Walk 15 minutes per day; increase my time by 5 minutes per
week for the next 4 weeks.

Starting in week 5, run and walk in intervals for 30 minutes,
increasing the proportion of time spent running instead of walking until I can
run a mile, non-stop, by the end of week 10.

Benchmarks:

For process, maintaining a daily record of calorie intake and
exercise

___________________________

1 The SMART goal concept was introduced by G.T. Doran, A.
Miller and J. Cunningham in There's a S.M.A.R.T. way to write management's
goals and objectives, Management Review 70 (11), AMA Forum, pp. 35-36.
What Makes a Goal "SMART"? also draws from the work of Ed Costa,
Superintendent of Schools in Lenox; John D'Auria, Teachers 21; and Mike
Gilbert, Northeast Field Director for MASC.

Goals
need to be straightforward and clearly written, with sufficient specificity to
determine whether or not they have been achieved. A goal is strategic when it
serves an important purpose of the school or district as a whole and addresses
something that is likely to have a big impact on our overall vision.

M = Measurable

If
we can't measure it, we can't manage it. What measures of quantity, quality,
and/or impact will we use to determine that we've achieved the goal? And how
will we measure progress along the way? Progress toward achieving the goal is
typically measured through "benchmarks." Some benchmarks focus on the
process: are we doing what we said we were going to do? Other benchmarks focus
on the outcome: are we seeing early signs of progress toward the results?

A = Action Oriented

Goals
have active, not passive verbs. And the action steps attached to them tell us
"who" is doing '"what." Without clarity about what we're
actually going to do to achieve the goal, a goal is only a hope with little
chance of being achieved. Making clear the key actions required to achieve a
goal helps everyone see how their part of the work is connectedto other parts
of the work and to a larger purpose. Knowing that helps people stay focused and
energized, rather than fragmented and uncertain. R = Rigorous, Realistic,
and Results-Focused (the 3 Rs)

A
goal is not an activity: a goal makes clear what will be different as a result
of achieving the goal. A goal needs to describe a realistic, yet ambitious
result. It needs to stretch the educator, team, school, or district toward
improvement but not be out of reach. The focus and effort required to achieve a
rigorous but realistic goal should be challenging but not exhausting. Goals set
too high will discourage us, whereas goals set too low will leave us feeling
"empty" when it is accomplished and won't serve our students well.

T = Timed

A
goal needs to have a deadline. Deadlines help all of us take action. For a goal
to be accomplished, definite times need to be established when key actions will
be completed and benchmarks achieved. Tracking the progress we're making on our
action steps (process benchmarks) is essential: if we fall behind on doing
something we said we were going to do, we'll need to accelerate the pace on
something else. But tracking progress on process outcomes isn't enough. Our outcome
benchmarks help us know whether we're on track to achieve our goal and/or
whether we've reached our goal. Benchmarks give us a way to see our progress
and celebrate it. They also give us information we need to make mid-course
correction.